The Potential of Settling A Divorce Outside of Court in the  US 

settling a divorce outside of court

Getting out of your marital ties is a tough task to do, especially when they were once the love of your life. But disasters occur, and even the ties of love tend to fade away. Here comes the matter of divorcing your partner. We understand that you will want to get into a jiffy to cut ties with your ex-spouse. But matters in court tend to take time, and divorce settlements are no exception. You might be wondering now, is it possible settling a divorce out of court in the United States? In this article, we will be discussing the benefits and potential of settling a divorce outside of court.  

The Potential of Settling Divorce Out of Court

The Potential of Settling Divorce Out of Court

There are a variety of ways to go about settling divorce out of court. Moreover, you might also see that the judge is happy that they have one less burden on their head in their busy schedule. On the other hand, settling a divorce out of court can also make the process much easier compared to going to trial. Here are some potentials for settling a divorce out of court: 

Trial for a Divorce Takes Time

A case going to a trial takes more time to resolve rather than being resolved through a settlement. Moreover, a case going to a divorce court can also put a toll on you or your spouse’s mental health. Similarly, if you have children, they shall also be affected in the whole legal process.  

In addition, taking a divorce to court also requires a lot of scheduling. This means you’ll be at the mercy of the court to get a date for your trial. Moreover, it will also require you to take time off from your job to have mandatory court visits.  

Divorce trials are expensive  

Any case that goes to court is known to have a toll on your wallet. This is because if your divorce goes to court, you’ll have to bear the family law attorney’s fees, court fees, and many other expenses for your case to be resolved in court.  

Trials can be stressful  

Getting a divorce is already a mental-tolling task, but taking the same to court bears more stress. Similarly, divorce trials will impact you and your ex-spouse’s mental health. And if you’ve children, they will also be stressed, which might lead to trauma later. Due to this, it is feasible that you go for settling divorce out of court, which will reduce the stress.  

Outcomes of a trial are unpredictable  

You, as an individual, might feel a certain thing to be fair. However, the judge might not think the same as you. If you settle the divorce in court, you’ll be handing over the matter of your family to someone who has no idea how your family works.  

Moreover, you’ll also not have any say in the outcome of the case when it is presented to the court. We understand that when you’re in a hurry to get rid of your ex-spouse, the idea of settling a divorce out of court is a distant dream. However, the presence of a mediator will help you in working out your divorce more than a judge could ever.  

Thus, these are some of the potentials of settling divorce out of court in the United States.  

Benefits of Settling Divorce Out of Court through Mediation

Benefits of Settling Divorce Out of Court through Mediation

If you want a smooth-sailing journey to end your marital ties, it is crucial that you consider settling a divorce out of court with your partner. If you are unsure if a settlement is out of court regarding your case, you can always rely on your attorney. They will assist in finding a mediator for settling the divorce out of court. Here are some of the benefits of out-of-court divorce settlements: 

Save Money  

Settling a divorce out of court is not free, but it sure does save money rather than going to court. Moreover, if your case goes to court, there are a variety of fees that you shall be paying. For instance, attorney’s fees and court fees, among a few. 

Similarly, settling divorce out of court is much easier and cheaper, as you’ll only need to pay for the mediator’s fees.  

Higher Chance of Reaching Agreement

If you’re seeking to settle divorce outside court, you will have a higher probability to reach an agreement. Moreover, through mediation, you will be assured that the mediator shall resolve all of your critical issues.  


When you take any case to court, they are bound to be recorded in public records. But, through mediation, you can be assured that none of your family matters are out to the public. Similarly, only your mediator and attorney will be aware of the whole matter.  

Personal Decision-making

If you settle a divorce outside court, the final decision will be based on the personal opinions of you and your partner. Unlike a case going to court, both of you will have a say in the final agreement. For instance, if you impose the idea of having shared custody of your children after the divorce for the convenience of both; the mediator will be giving thought to that opinion.  

Later, even your attorney will have a say in applying the same to your divorce clause if it is what you and your partner really want.  

Proper Communication in the Future  

If you settle a divorce out of court, you will have a better chance of communicating with your partner. Mediation allows the parties to have a greater say in the whole process compared to a trial.  

Moreover, mediation will also allow you to resolve your conflict and avoid it in the near future. Taking the path to mediation is usually not considered by couples when going through a divorce. But it is much more beneficial compared to taking it to court.  

Steps to Settling Divorce Out of Court in the US

Steps to Settling Divorce Out of Court in the US

Before you decide to settle your divorce out of court, you will be required to consider having a better understanding of the whole process. This is because when you decide to divorce your spouse, a variety of family law-related matters arise. For instance, child custody, maintenance, property division, and others. Let’s see the steps that you need to take before you settle divorce out of court: 

Step 1: Speak to a divorce lawyer  

Even though separation is agreeable, you should seek legal consultation from the initiation of the divorce process. This is crucial, as the divorce court will be holding you responsible for following all the rules, whether you seek advice from a divorce attorney or not.  

Moreover, it is wise to gain legal advice, as you might be penalized, or the case dismissed due to a missed deadline. Having a lawyer by your side will allow you to focus and feel confident during the divorce process.  

Step 2: Take time to talk to your spouse  

Before you decide on anything related to your divorce, it is crucial that you chat with your spouse. This will allow you to have a better perspective on the things your spouse might want from the divorce.  

To begin this process, it is crucial that finding a place to meet in the middle is crucial for beginning your negotiation. But make, you take this step only when there’s no presence of abuse within your marital relationship.  

Similarly, you’ll also make sure that you do not enter into any agreements without knowing the content of the same. Due to this, it is crucial that you check your contracts with your divorce attorney before you sign any of them provided by your spouse.  

Step 3: Gathering information about your finances

Before you even decide whether to fight your divorce in court or out of it, you’ll need to have a better understanding of your finances. Having an idea about your financial information will allow you to have a better say while considering child support, property division, and spousal maintenance.  

Your divorce attorney will be your assistance in finding all kinds of financial documents that will be required for your divorce proceedings.  

Step 4: Creating a Parenting Plan

If you have children, they’ll be your priority before you end your relationship with your spouse. Due to this, it is crucial that you develop a proper parenting plan before you part with your partner legally.  

You can take advice from your lawyer regarding matters related to co-parenting or child support after you divorce your partner. Moreover, there are a variety of factors that should be taken into consideration before calculating child support.  

Due to this, hiring an experienced divorce lawyer will allow us to effectively find a plan that will meet your needs and requirements after parting ways with your partner.  

Step 5: Finding a mediator for settling divorce outside court

If you feel that you do not need to take the divorce to court, there are alternative measures that will resolve your issue. For this, you’ll need a neutral third party, a mediator, who’ll look over your case.  

Moreover, the mediator will also be effective in working out a suitable plan that you and your partner will agree on. On the other hand, mediation is not the only way of settling divorce outside court. You can explore other alternative resolutions to get your divorce case resolved outside court.  

Step 6: Submitting your divorce agreement to the court

Once you and your spouse have been able to come to a resolution, you’ll need to sign the divorce petition and submit it to court. First, you will submit the signed copy to your divorce lawyer. Then, it will be submitted to the court for the judge to review it.  

The divorce agreement is a contract, and once you sign it, you’ll be bound to comply with it. Similarly, the judge will also review the agreement and finally pass the final court order that shall end your marriage.  

What Happens After Signing the Settlement Agreement?

What Happens After Signing the Settlement Agreement?

After you have come to a common conclusion with your partner during the negotiation, a contract shall be drawn up. This contract is the agreement that will be submitted to the judge for a final justification. The steps that go on after signing the contract are as follows: 

You and your partner will be attending a brief, informal hearing

After you sign the divorce agreement, the judge will review the same during the hearing to determine if everything is done in good faith. Moreover, the judge will also look over whether the settlement is fair and doesn’t have much preference for one spouse over the other. This hearing is more likely to last for a few minutes if all is done properly.  

Judge will issue a decree  

A decree is an order that is simply handed down by the judge that will finalize your out-of-court order. Moreover, it will include the responsibilities and duties of each partner after the divorce is finalized. This particularly includes child support or alimony.  

Wait Period 

The various states across the United States have varied waiting times before their divorce is finalized. However, if you’re in a no-fault divorce, the law will require you to have a separation for one year before the divorce is finalized.  

Settling divorce outside court is a less combative process compared to taking it in court. But most don’t choose that path, as many don’t know the process effectively. Due to this, it is advised that you seek consultation from your divorce lawyer to have a better idea of settling the divorce outside of court.  

Final Words  

Now, you’ve understood the true potential of settling divorce outside of marriage in the United States. If you’re someone who will be having a divorce soon, it is advised that you seek to negotiate a settlement with your partner through mediation. So, get yourself a divorce lawyer and ask for an out-of-court settlement of your divorce case. 

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Nilanjana Basu
Nilanjana is a lawyer with a flair for writing. She has a certification in American Laws from Penn Law (Pennsylvania University). Along with this, she has been known to write legal articles that allow the audience to know about American laws and regulations at ease.

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