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Is it possible to settle property division out of court?

It is safe to say that no one ever wants to go to court for any reason. This is so in family law cases just as much as it is in criminal cases. Going to court for property division and other matters takes away your time, causes emotional distress and may delay the divorce decree. As such, anytime spouses can agree on the terms of divorce between each other, it should be considered a win.

While difficult, a divorcing couple can create a property division agreement outside of the Connecticut family law court system. In nearly all cases, the couple will have to work together to reach this agreement. Often, childless couples may have a better chance of success than couples with children do because they typically have fewer conflicts. However, even if a couple has trouble cooperating, it may still be possible to address property division outside of court.

Couples can elect to undergo mediation or some other form of alternate dispute resolution to reach an agreement. Sometimes, even communicating solely through divorce attorneys can be effective during property division and other divorce issues. For example, choosing to communicate through lawyers reduces many of the conflicts that typically accompany the property division process.

Even if you and your spouse are able to reach an agreement on your own, a judge must still review the settlement. If it appears to favor one spouse over the other in a significant way, the judge will likely deny the agreement. In the end, courts want to see a fair and balanced property division agreement. You can seek more personalized advice about settling your divorce by contacting a family law firm in your area.

Source: FindLaw, "Settlement Agreements and Court Approval," accessed Nov. 14, 2017

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