The Final Decree
A distinction should be made between a "Decree" and
a "Property Settlement Agrement". The
"Property Settlement Agrement" is a contract between
you and your spouse. It is attached to a "Decree"
which is a court order dissolving your marriage and outlining certain rights and
responsibilities of the divorcing parties. In a case that is settled, the "
Decree" is a
simple document. If your case goes to trial, there is no "
Property Settlement Agrement" only a "Decree
". In this case, the "Decree" is more complex and is the only final
document ("Decree After a Trial") There are only two ways to reach a final divorce
"Decree": (1) the parties may work out an
agreement, or (2) the case goes to trial and the judge decides all of the issues.
On occasion, the parties may agree on some issues and have the Judge decide others.
If the parties are able to work out an agreement on ALL issues, the case is said to be
"uncontested". An uncontested divorce can be considerably less expensive because the
lawyers do not have to make the extensive preparations required to take the case through
trial. An "uncontested divorce" can also be quicker since the only waiting period involved
before the "Decree" can be signed is the 60 days after the Defendant has received notice.
If the divorce is contested, you will have to wait for the court‘s calendar to open up and
for a trial date. This can take several months. Sometimes, the number of hours the
attorney spends trying to work out an agreement can be even more than the time required
to prepare and present the evidence at trial. This can happen when one party wants to
settle his or her case, but the other party is being unreasonable. Sometimes, if a
spouse thinks you are afraid of court, they may try to take advantage of this fact and
seek to impose inequitable settlement terms. Most people would prefer to work out their
differences rather than have the Judge decide everything for them. This usually results
in a more detailed "Decree", one that accommodates the specific needs of both parties.
A "Decree" issued by the Court often omits
some specifics, as the judge simply does not have the time to address very detailed issues.
Put simply, the judge may work with an "axe", while reasonable divorcing parties have
the ability to use a surgeon‘s scalpel. This is not to say that the Court‘s efforts
are less likely to provide you with a just result, only that a settlement often results
in a more intricate and complex document addressing many circumstances and issues.
Accordingly, we will use our best efforts to determine whether a settlement is possible
in your case.