What happens if my spouse won't agree on our divorce settlement agreement?

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Question:

What happens if my spouse won't agree on our divorce settlement agreement?

Answer:

Typically no matter what state the divorce may be taking place in, the court will always recommend that two people getting a divorce sit down either on their own or with mediators to work out a descriptive and thorough divorce settlement. However, these types of settlements are not always attainable, and when one spouse will not agree to any of the conditions that may be offered, the other spouse must take actions to protect his or her own interests.

  • The first thing one should do when his or her spouse is uncooperative with any type of settlement offer is obtain the services of a lawyer (if you don't have one already), because when an agreement can’t be reached the next step is to enter the courtroom.  
  • Once the couple enters the courtroom, the two individuals will have to present their own cases to the court. They'll also need documentation, meaning they will have to provide any detail of their marriage that is requested by the court in order for the court to make a decision on whether or not to allow the divorce or simply order a legal separation period (which may be mandatory in some states.) 
  • In most cases once a couple hands control of the case over to the court, the court determines everything from custody of any dependent children to which spouse retains ownership of what property. 

If you are going through a divorce, your first step should be to hire a lawyer. An experienced divorce attorney may be able to help you facilitate a settlement even if you and your spouse failed. If not, your lawyer can help you make sure your interests are protected in court.

References:

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