Do I have to go to Court? – 3 Ways to Settle Your Case

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Do I have to go to Court? – 3 Ways to Settle Your Case

3 Ways to Settle Your Case

In light of the recent news that Kim Kardashian and Kris Humphries have finally reached a settlement in their divorce proceeding, we decided it was a good time to look at 3 ways to settle your case, without having to go to trial.

  1. Informal (“Kitchen Table”) Settlement Agreements – Sometimes spouses are still cordial, if not friendly, with each other throughout the divorce process. If they are still communicating regularly about the best way to resolve any outstanding issues in their divorce, and are working together raising their children, should they have any, couples may agree on issues such as property and debt division, child support, and possession of the children on their own. If they reach an agreement on their own, couples may save a great deal of money that would otherwise be spent on negotiations between attorneys. In our office we are happy to draft Agreed Decrees of Divorce for couples who have come to their own agreements. Many firms, including this one, will draft Agreed Decrees of Divorce for a fixed fee, determined on a case-by-case basis.
  2. Mediated Settlement Agreements – Mediated Settlement Agreements are one of the most common forms of resolution to a divorce proceeding. When you are going to mediation, have an open mind, and be aware of the remaining contested issues between you and your spouse. Stay focused and don’t lose sight of the big picture. The mediator is a neutral party, and they will work their hardest to reach an agreement that both parties can live with.
  3. Collaborative Law – Collaborative law is a method where most of the work happens outside of the court system in a more private, individualized manner and requires participation and communication between both parties, their attorneys, and other professionals to help reach an agreement. When spouses agree to participate in the collaborative law process, they must sign a “Participation Agreement”, which binds them and their attorneys to the process. Collaborative law is not ideal for everyone, but it can be a smart business decision for many couples. If you are interested in more information about collaborative law, we have trained collaborative law attorneys in this office who would be happy to speak with you.

Trials are expensive, and oftentimes the benefit of going to trial does not outweigh the cost. If you are currently going through a divorce proceeding, or considering divorce, think about all of the issues you can agree on with your spouse, in order to save the stress and attorney’s fees later. If you have questions about the best way to handle your divorce proceeding, please feel free to call Jill O’Connell at (940) 497-5454.

Austin Lanham