When you decide to get a divorce, and your spouse agrees with you, working to resolve any disagreements is crucial to a quick and cost-effective divorce. Full agreement occurs when you and your spouse are able to resolve every issue of your divorce.
What are divorce issues?
Divorcing spouses deal with multiple issues. Not only can these issues be emotionally charged, but they can also be legally complex. Some of the issues you may encounter include the following:
- Dividing up assets and debts
- Deciding who stays in the marital home
- Determining child custody and support
- Determining alimony or spousal support/maintenance
Coming to a full agreement on all issues, large and small, is crucial for smooth sailing toward the next chapter of your life. When you agree on all issues, you spend less time in court bickering over these matters, making divorce an easier and less costly experience.
Roadblocks to full agreement
Even if you believe you and your spouse are amicable, when it comes to actual divorce negotiations, there are some hot-button issues that could threaten your ability to come to a full agreement. What are they?
- Custody
- Dividing family heirlooms
- Any financial matter
While there are other major issues to resolve in your divorce, the above three are often the most contentious, even for amicable divorces. Whenever children are involved, a full agreement is more challenging.
The same is true of any financial matter, whether it’s child support, alimony, or how to divide assets. Finances can turn even the most friendly couples into bitter enemies.
Keep in mind that you have control over the course of your divorce proceedings, even if you can’t reach a full agreement. One of the best options to consider is mediation.
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How mediation can help
Mediation is often ordered by a court when spouses cannot reach a full agreement on their own. But even if a court hasn’t ordered you to participate in mediation, it may be a wise idea to do so.
Mediators are skilled at helping parties understand that resolution is in everyone’s best interest. Often, a mediator can help you resolve disputes and even reach a full agreement so you and your spouse can quickly and efficiently get divorced.
To help our clients reach full agreement, Hello Divorce offers guidance and support, including flat-rate mediation services. Our mission is to help you feel less stress and incur less cost while avoiding court and the time drain that comes with it.
FAQs
What is a full agreement in divorce?
A full agreement means both spouses have settled all divorce-related issues, including property division, custody, child support, and spousal support, without needing a trial.
Why is reaching a full agreement beneficial?
It saves time and money, reduces stress, gives spouses more control over outcomes, and helps avoid lengthy court battles.
Do both spouses need lawyers to create a full agreement?
Not always. While some spouses use lawyers, others reach agreements through mediation or on their own, then submit them to the court for approval.
Is a full agreement legally binding?
Yes. Once approved by the court, the full agreement becomes part of the divorce judgment and is legally enforceable.
What if we cannot reach a full agreement?
If spouses cannot agree on all issues, the case may proceed to court where a judge will decide unresolved matters.
Can a full agreement be changed later?
Yes, certain parts like child custody, visitation, and support can be modified later if circumstances change significantly.
How to Reach a Full Agreement in Divorce
List all issues to be resolved
Include property division, custody, parenting time, child support, and spousal support.
Exchange financial information
Both spouses should provide complete and honest disclosures of income, assets, and debts.
Negotiate terms
Work together, with or without professional help, to reach fair compromises on all issues.
Put the agreement in writing
Draft a settlement agreement that clearly outlines all terms agreed upon by both spouses.
Submit agreement to the court
File the agreement with the divorce paperwork so the judge can review it.
Obtain court approval
Once approved, the agreement becomes part of the final divorce decree and is enforceable.
