The process of getting divorced can be relentlessly challenging from an emotional standpoint. Therefore, the thought of going to trial, which may only drag out this type of family law proceeding, can understandably be unappealing. Fortunately, settling outside of court may be a viable option for a couple going through divorce in Montana.
Most divorce cases end up reaching settlement before they proceed to trial. This may happen due to formal negotiations in which the two spouses engage. Another option for avoiding going to trial is an alternative dispute resolution process, such as collaborative divorce or mediation.
Once a couple resolves all of their divorce-related issues through negotiation or alternative dispute resolution methods, their decisions are finalized in a settle agreement. The agreement is then submitted to a judge where the petition for divorce was filed. Then, an informal hearing takes place, where the judge may ask a few basic questions and then ask if both parties understand and decided voluntarily to sign the agreement. If the judge believes that fair negotiations took place to reach the agreement, it will likely receive the approval of the court.
Getting a divorce can be difficult no matter how long or short of a period a couple has been married. It can be especially challenging for couples with high-value assets or those who have children, with child custody being a huge point of contention in many marital dissolutions. An attorney in Montana can help with fighting for a favorable outcome in a divorce proceeding and ensure that one's rights are protected at each state of the proceeding.
Source: findlaw.com, "Settlement Agreements and Court Approval", Accessed on Aug. 7, 2017