Getting divorced is not an easy decision, but sometimes it is an inevitable one. Naturally, one of your biggest concerns about going through the divorce process may be having to go to war with your future ex-spouse at trial.
The reality, though, is that even though you are getting a divorce, this does not mean that your marital breakup has to be a hostile experience for you and the other party. Instead, you can try to work out your differences at the negotiation table with the hopes of arriving at a settlement that meets both of your needs.
How does negotiation work during divorce in Louisiana?
Many divorcing couples are able to settle their divorces outside of the court environment, and the same is possible for you and your ex if you can find common ground regarding your divorce issues.
For example, you and the other party may agree for you to keep the marital home while your spouse takes a larger percentage of your shared monetary assets. In addition, you may agree that you will have physical custody of the children so that they will continue living in the house with you. Meanwhile, your future ex will be able to spend time with the children through visitations.
What happens once you come up with a mutually satisfactory agreement?
After you and the other party have agreed on divorce matters such as child custody and property division, you must finalize your decisions in writing. Then, you can show this written agreement to a family law judge who is in the court where you filed your divorce petition. Once you have submitted your agreement to the court, you and your spouse will likely have to answer a few questions from the judge in a hearing.
The purpose of the judge’s questions is to make sure that you both understand the agreement and signed it on your own volition. If the judge believes that you both negotiated the agreement in a fair way, he or she will approve it. It is critical that your agreement does not obviously favor you over the other party, as this will most likely prevent your settlement agreement from being approved.
Is it possible to produce a partial settlement?
Yes this is possible. In some cases, divorcing couples agree on certain divorce matters but not others. If you and your future ex are in this situation, you can create an agreement that reflects the areas you agree on. Then, you can go to trial to resolve the other matters. At trial, a judge will make the final decision regarding your areas of contention.
Whether you are seeking a partial or full divorce settlement, an experienced Louisiana attorney can increase your odds of receiving the best possible outcome for your divorce.