In California divorce cases, settlement refers to the process of resolving divorce-related issues outside of court through negotiation between the spouses, often with the assistance of their attorneys. This can involve discussions over key issues such as property division, child custody, child support, and spousal support. Settlement allows the divorcing couple to have more control over the outcome of their case by reaching mutually agreeable terms, instead of having a judge make decisions for them. Settlements can occur at any point during the divorce process, from the initial filing to just before a trial, and they are often seen as a quicker, more cost-effective alternative to litigation. Both parties typically sign a Marital Settlement Agreement (MSA), which outlines the terms of the divorce, and if the settlement is approved by the court, it becomes legally binding.
While settlements can be beneficial, they require cooperation and compromise between the parties. California encourages divorce settlements, and many counties offer mediation services to help couples reach an agreement. In cases involving children, California courts also require mediation to help parents agree on child custody and visitation matters. However, not all divorces are suitable for settlement, especially if there is a significant power imbalance or if one spouse is unwilling to cooperate. If a settlement cannot be reached, the case may proceed to litigation. Even so, settlements can provide more flexibility and less emotional and financial strain than going to trial, making them an attractive option for many couples seeking a divorce.
