You have decided to break up with your spouse and cannot wait to live independently again. However, you might be worried about how much of a battle you will face with your future ex-spouse at trial.
The good news is that even though you have decided to get divorced, the process does not have to be hostile. Rather than proceeding to trial, you can take part in negotiations with your future ex to address matters like property distribution and alimony. Here is a glimpse at the informal divorce negotiation process.
A look at divorce negotiation
A large number of marital dissolution cases reach settlement before requiring the attention of a judge in an Ohio court. This can likewise be your and your future ex's situation if you are willing to try to find common ground. For instance, you and the other party might agree for you to keep the house. Then, you can simply buy your future ex out so that he or she can purchase a new house for himself or herself.
In addition, both of you might agree to sharing legal custody of your shared children, meaning that you will both make critical decisions involving the children. However, perhaps since you have decided to keep the house, you will maintain physical custody of the children, while your future ex will be able to visit with the children.
The court's involvement in the negotiation process
Once both you and the other party have arrived at a mutually beneficial divorce agreement, all of your agreed-upon decisions are written down in a final agreement. Then, you can present your agreement to a divorce judge for approval.
The judge will hold a hearing for you both, during which you will likely need to answer a few basic questions concerning your divorce settlement agreement. The purpose of the hearing is to confirm that your agreement is a voluntary one and that you both comprehend its contents. As long as the judge feels that your agreement is fair, he or she will most likely approve it.
What occurs if you cannot agree with your future ex on all of your divorce issues?
If you and your future ex-spouse agree on how to handle the distribution of assets and child custody, but not alimony, for example, you can have a judge decide this issue for you. Whether you do end up going to trial or resolve your divorce matters outside of court, an attorney can make sure that your rights and best interests are protected each step of the way.