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A partial out-of-court divorce settlement may be reached

Divorce is generally not an easy process from an emotional or financial standpoint. However, Montana spouses facing these proceedings may make it easier to navigate by settling outside of court. The question, though, is what happens if they see eye to eye on certain issues but cannot seem to resolve other divorce matters?

Reaching a settlement out of court is usually the most amicable way of navigating the divorce process. This is especially valuable for spouses who have minor children, as a drawn-out court battle can leave the entire family with emotional scars and make co-parenting that much harder in the years ahead. Another benefit of settling out of court is that it is typically faster and thus less expensive than going to trial. Nonetheless, in some cases, reaching only a partial settlement is possible.

For example, two spouses might be able to work out a settlement on children-related issues, including child support, custody and visitation. However, they might not be able to reach an agreement on how to handle their vacation home. In this situation, the court can approve their partial settlement and then order for the vacation home issue to be resolved at trial.

During trial, both sides will have the chance to present their cases to a judge, who will make the final decision regarding the matter at hand. Unfortunately, the judge's final decision may not necessarily be in line with what one or both parties would have wanted. Still, an attorney in Montana can push for the most personally favorable outcome for a spouse considering the facts of the divorce.

Source: findlaw.com, "Settlement Agreements and Court Approval", Accessed on May 2, 2018

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