Nowadays, more Kentucky couples are bypassing the traditional adversarial court process when ending their marriages. Instead, they work together to reach a mutually satisfying settlement on their own. Many such couples turn to divorce mediation not only for help in structuring their settlements, but also to help ensure that the agreement ultimately meets with the court’s approval.
Some Kentucky couples do not realize that the court must give final approval of any divorce settlement. Even though you and the other party worked out your differences and came to a settlement with which you both can move forward post-divorce, if the court does not approve it, you could end up having to go back and make changes. Enlisting the help of a mediator who understands this can help avoid unnecessary complications and the need to litigate certain issues.
The courts generally want to make sure that each party entered into the agreement voluntarily, that neither spouse receives a disproportionate share of the assets and that the best interests of the children (if any) are represented. Divorce mediation provides an atmosphere that should meet all of these requirements. Each party is encouraged to communicate his or her desires and to make compromises necessary to come to a fair and equitable agreement. Thereafter, once an agreement is reached, the settlement can be drafted in such a way that it meets all of the legal requirements of the court.
When deciding whether to engage in divorce mediation, it may be beneficial to take the above into consideration. The divorce process is more about the future than the past, and having someone help keep that in mind for you could prove invaluable. If you and your soon-to-be former spouse want to retain control over the final product and make sure that the court has no objections to it, this option may work for you both.
Source: FindLaw, “Settlement Agreements and Court Approval“, Accessed on Jan. 22, 2018