Agreeing on major issues can be challenging when couples divorce. People may end up fighting over their shared property and their financial savings. Custody matters can also cause conflict when people have children.
Those hoping to divorce may worry that actually agreeing on everything with their spouse could prove impossible. Is a settlement mandatory during California divorce proceedings?
Litigation is also an option
Many people prefer to work out their disagreements and pursue an uncontested divorce filing. The benefits of doing so include spending less time in court and retaining more control over the final outcome. Some people spend months working with their lawyers and their spouses to negotiate.
Others pursue alternative dispute resolution. The courts may even mandate mediation in some cases. When spouses are able to settle, they can move forward with an uncontested divorce where they set their own terms.
Although couples do have the option of setting any terms they deem appropriate, they can also ask a judge to review the situation and apply state law to their circumstances. In a contested or litigated divorce, a family law judge decides how to divide the community property that belongs to the spouses and what custody arrangements are in the best interest of the children in the family.
Even spouses who struggle to cooperate initially can sometimes work together to achieve an uncontested divorce. Knowing the different options for California divorces can help people choose the most effective means for addressing the issues that arise at the end of a marriage. When agreement simply isn’t an option, a litigated or contested divorce can settle the disagreements between spouses.