Settlement Agreements in Divorce.
In Alabama, there are two different main types of divorce – uncontested and contested. An uncontested divorce occurs when both spouses are in agreement over all issues and enter into a Settlement Agreement.
A settlement agreement is a legal instrument that specifies the terms and conditions of your divorce. Traditionally, the settlement agreement will include specific terms and conditions for the division of property and assets, division of debts, periodic alimony, child custody, child support, visitation, and payment of attorney’s fees.
If your case can be resolved in an uncontested fashion, we highly encourage you to do so. Settlement agreements are generally more efficient and less costly while also eliminating the need for the spouses to go to court and “fight it out.”
Mediation is a confidential, out of court process commonly used to resolve family conflicts. The attorneys of Bill G. Hall, P.C. often use mediation to discuss, work through, and resolve the terms of a settlement agreement.
Unless Ordered by the Court, mediation is completely voluntary. This means that either party or the mediator may terminate the mediation.
If an agreement is reached during mediation, the agreement will be recorded in a settlement agreement. After the agreement is completed and duly executed, it is treated like a contract that is legally binding. The agreement will then be filed with the court and incorporated into a Final Decree of Divorce.
When Can I Settle?
At any point during litigation you can reach an agreement to resolve all pending issues. If we believe your case can be resolved in an uncontested manner, we will suggest sending a settlement offer to your spouse. Your spouse may not accept the first offer, but it opens the door to future negotiations.
In the event an agreement cannot be reached, however, we are prepared to litigate to protect and promote your best interests.
Let Us Help.
The attorneys of Bill G. Hall, P.C. are experienced and skilled in preparing and negotiating a valid agreement that will protect and promote your best interests. Our attorneys are also experienced at reviewing a settlement agreement and explaining the advantage and disadvantages of the agreement.