Can a Divorce Be Settled Out of Court?

Written by Jonathan Breeden

April 18, 2018

Negotiating the terms of a divorce settlement is difficult even when the ending of the marriage is somewhat amicable in nature. However, when contention and animosity exists between a divorcing couple, the process can become extremely difficult and even intolerable. It’s important to know that it is possible to settle out of court and not become subject to the lengthy and often expensive process of a divorce trial.

When it comes to couples divorcing, a large percentage of cases involve a settlement prior to trial. Divorce settlements are often put together without the parties going to court. The majority of couples choose an out-of-court divorce settlement because it provides the advantage of coming to an agreement without the stressful process of litigation.

At Breeden Law Office, we can protect your interests in any divorce settlement or trial proceeding. Call North Carolina divorce lawyer Jonathan Breeden today at (919) 661-4970 to schedule a case consultation today.

Bypassing Drawn-Out Litigation

Many couples entering the process of divorce simply don’t realize that presenting the case before a judge is not necessary in order to have the issues in a divorce decided. Per North Carolina General Statute 50 Article 4, There are methods available to achieve a divorce settlement out of court without requiring a verdict from the judge.

Issues involving child support, property division, spousal support, parenting plans, etc. can be negotiated between the two parties who wish to settle out of court. Arriving at an out-of-court settlement can save you thousands of dollars. The more issues you and your spouse can resolve without spending a day in court, the better.

After you and your spouse come to an agreement on divorce conditions, the process of moving forward with the dissolution is not complicated. You simply place stipulations into a consent order and have the attorneys from both sides make revisions until they agree it is fair and equitable. Then, the attorneys submit the agreement before a judge. The judge reviews the settlement at an informal hearing and will likely approve it as long as the judge agrees it has been negotiated in good faith and does not unduly favor one side over the other.

The finalized settlement is presented as a consent order that stipulates the responsibilities of each side moving forward. If you have agreed to the property issues and alimony, then the actual divorce itself can move forward uncontested. You are not officially divorced until a judge has signed a court order stating you are divorced.

Reaching a Settlement Out of Court

If you settle out of court, your attorney will have much less work to do to bring you through the divorce process. As a result, you can save more money taking the settlement route. Sometimes it may become necessary to enter the discovery process with the help of a divorce lawyer in order to build a strong case on your behalf. However, this process often involves conducting depositions, collecting numerous documents, waiting for your spouse’s attorney on various matters, and soliciting expert witnesses to testify. As is obvious, all of this time and energy will be more expensive than reaching a settlement out of court.

The divorce can be settled out of court as long as both parties are willing to submit to this process.

An Experienced North Carolina Divorce Attorney Can Help You Settle Out of Court

You don’t have to be forced into a divorce settlement if you think you’ll regret in the long run. At Breeden Law Office, we can help you settle out of court by negotiating an agreement that protects your rights.

To schedule a review of your case, contact attorney Jonathan Breeden today at (919) 661-4970.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden