Divorce Settlement

Divorce settlement is the legal phrase describing the terms that end a couple’s marriage. The divorce settlement can include custody arrangements for children, division of marital assets, disposition of property, and financial support awards. A final divorce settlement can be agreed upon by the couple, mutually, or it can be handed down by the court.

The majority of divorces in the United States are settled with out a court decision. These are cases in which the marriage has been short, the property involved does not exceed a certain value (usually about $35,000 worth of joint property), and both parties consent to the divorce. The divorce settlement in these cases is agreed upon by the couple, and ratified by the court.

In contested divorces, the parties retain counsel and argue their cases to the judge. Divorce settlements are rarely heard by juries. After hearing the couple’s arguments, the judge must also consider the divorce of the jurisdiction.

Some States and localities offer non-judicial mediation as way to reach a divorce settlement. In this process, a mediator is assigned by the court to assist the parties in reaching an agreement without litigation.