- Will my case have to be tried before a judge to be resolved?
No. Most divorce cases settle before trial. In most situations, the parties will be more satisfied if a mutually agreeable settlement can be reached as opposed to having an independent third party (the Judge), who does not know either party and has no interest in their financial affairs, issuing the terms by which the parties will divide their assets and debts, and conduct their relationship with their children.
- What methods are available to settle my case?
The most common methods are settlement negotiations between the lawyers, and mediation. The Court will encourage you to use your best effort at settling your case. There may be an opportunity for a settlement conference with the trial Judge in advance of the trial date in order to help the settlement process along.
- What is mediation? How do we get to mediation?
Mediation is a process whereby an independent facilitator (mediator)
assists the parties in attempting to reach a settlement. The mediator
does not have binding authority, and if the mediation is not successful,
the case can still be tried. Mediation can occur by agreement of
the parties, by either party making a motion to the Court to order
mediation, and in certain circumstances the Court can order mediation
on its own will. There are costs involved in mediation, and the
Court will usually direct how the parties will divide the payment
of those expenses. See the Divorce Mediation
FAQ.
- When will the settlement negotiations take place?
Settlement may occur at any time during the divorce process. Settlement negotiations with your spouse's attorney may be ongoing throughout the entire process, and it is common for cases to settle at the Courthouse on the morning of trial.
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