You have the right to a trial when you file a complaint for divorce. But just because you can have a judge decide your case doesn't mean you should. There are several reasons why negotiating a separation agreement is better than a divorce trial. Giving up your “day in court” could allow you to be happier, have more control, and avoid returning to court after the divorce is done.

Separation Agreements Can Ease the Transition into Divorce

If you and your spouse agree that your marriage is over, you can begin negotiating the terms of your divorce before it is even filed. You can negotiate a separation agreement with your spouse and co-parent that will control how you will handle shared issues after you separate. By negotiating these terms with the help of a knowledgeable Michigan divorce attorney, you can ease the transition from one household to two, and avoid issues like:

• Parenting time denials
• Unpaid marital debts
• Mortgage defaults and foreclosure
• Insurance coverage lapses
• Being locked out of the marital home or denied the use of property
• Financial support for yourself and your children

This kind of pre-divorce separation agreement makes divorce litigation easier by avoiding motions and litigation at the outset of the divorce process, setting the ground rules for your family until a Judgment of Divorce is entered.

Negotiating a Settlement Agreement Avoids Animosity in the Family

A divorce can end your legal marriage, but if you have children together, it will not end your ongoing relationship with your ex-spouse. Except in relatively extreme situations, co-parents will be required to cooperate in exercising joint legal custody over the children and will share parenting time. To do this, co-parents will need to set their conflict with one another aside and prioritize the children's best interest and well-being.  

A divorce trial can make that more challenging. Divorce litigation is adversarial in nature, pitting one party against the other. Because each party is required to prove their case, it is easy to focus on your co-parent's worst behavior while testifying. But then, when the case is over and the judgment is entered, it can be hard to set that aside. Negotiating a settlement agreement over child custody, parenting time, child support, and other aspects of the divorce can avoid that antagonistic perspective, making it easier to put your children first.

Divorce Settlement Agreements Keep Private Family Details Out of Court

There are also good reasons to continue your negotiations throughout the divorce process as well. Divorce trials are open to the public. Anyone can sit down in the courtroom while you are testifying or look up most documents filed in your case. Many couples – especially those with high-value estates – would prefer to avoid airing their “dirty laundry” in a public forum. Negotiating a settlement agreement which includes a non-disclosure provision can keep a family's property division, including assets, debts, and interests, confidential and out of court.

Your Divorce Can be Resolved Faster (and Cheaper) Without a Trial

Under Michigan law, a judgment of divorce can be entered after 60 days, in a divorce without children, and 6 months in a divorce with children. Most courts allow the parties to reduce the 6-month waiting period if they have entered a settlement agreement on all issues. However, it can take months, even more than a year, to have a divorce trial heard by the Michigan courts. Negotiating a settlement agreement without a trial can accelerate the process, reducing the time – and attorney fees – it will take to resolve your case.

Divorce Trials Bring Uncertainty from the Judge's Discretion

There are certainly times when a divorce trial is necessary to resolve the parties' issues. For example, in cases involving domestic violence, the power dynamics between the parties can make negotiations challenging, if not impossible. However, there is always a degree of uncertainty when you leave it to the judge to resolve your divorce. Michigan divorce actions are based on equity. That means that a judge can craft any resolution he or she believes is fair to the parties. Your judgment of divorce could require you to:

• Sell the marital home or other important property you would rather keep
• Transfer retirement or investment assets to your ex-spouse
• Transport your children to parenting time exchanges at inconvenient times or places
• Follow holiday parenting time schedules that do not align with your family's religion or traditions

Negotiating a Settlement Gives You Control Over the Terms of Divorce

Negotiating a settlement agreement can resolve that uncertainty, giving you control over the terms of your divorce. The parties can agree to divorce terms that the Michigan Court could or would not likely enter. For example, only the parties can agree to non-modifiable spousal support. Negotiating a settlement agreement is better than a divorce trial because it gives the parties control over their future. You may not get everything you want, but you can prioritize and protect what is most important to you.

Get Help Negotiating a Divorce Settlement Agreement from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can walk you through negotiating a divorce settlement agreement without going to trial. Call us at 248-651-4114 or contact us here to speak to an attorney.