When navigating such the emotionally draining and challenging process that divorce can be, it’s crucial to come to some form of settlement agreement. A fair and safe settlement agreement will address all aspects of the divorce including both parties’s child custody, property rights, and financial matters. 

Uncontested Settlement Agreements

Uncontested divorce is an ideal settlement agreement where both parties are able to discuss and agree in writing on delegating issues of custody, property, and finance. Agreeing on these key issues helps avoid a long and drawn out legal process. Without any disputed issues for a court to have to decide upon, there’s no reason for further trials or litigation. If this route ends up making sense for your divorce, both parties will be able to maintain fair and equitable control over decision making without the unnecessary emotional and financial strain.

Mediated Divorce Settlement Agreements

Another alternative to avoid the time and financial strain of a divorce trial would be a mediated divorce settlement. In Arizona for example, mediation can be a form of Alternative Dispute Resolution (ADR) for settling on all of, or some disputed issues before a divorce trial. Involving a neutral and impartial third party further facilitates open communication and equitable compromise. The main role of the mediator in this discussion includes helping guide beneficial and worthwhile discussion in order to reach resolutions that benefit both parties.

Court Ordered Divorce Settlements

Unlike the previous two examples of amicable and collaborative divorce settlements, court ordered divorce settlements are a more costly and time intensive alternative. This can also be classified as a contested divorce, which ensues matters of litigation concerning spousal disagreements on basic issues of the divorce settlement. Depending on the state legal prospect and jurisdiction, the court will evaluate context and circumstances surrounding the divorce to determine a fair outcome including a legally binding settlement agreement.

It’s important to note the difference between collaborative and contested divorce settlement options and how open communication and discussion can help navigate the process much more efficiently. Regardless of how easy or difficult your divorce may be, it’s important in the end that a fair and equitable solution is reached that considers the wants and needs of both spouses.