WHAT IS A SETTLEMENT AGREEMENT?

The vast majority of divorce cases settle in order to avoid the uncertainties and expense of trial. Parties have a tendency to work better after a case is settled because the contents of the order are not forced upon them by a judge.

As part of the dissolution of marriage proceedings, the husband and wife usually enter into a written settlement agreement concerning disposition of property, maintenance, support, custody, and visitation of their children. Unless the court finds the agreement extremely unfair or that the provisions made for the children are not in their best interests, the settlement agreement will become a part of the court's judgment of dissolution of marriage. The settlement agreement is considered a contract that is legally binding on the parties. The parties can also enter into an oral settlement agreement that is incorporated into the court’s judgment of dissolution of marriage, however, a written settlement agreement is preferred.

We have developed numerous written settlement agreements since 1984 to arrive at an agreement for our clients that will reduce the likelihood of post-decree matters or further litigation between the parties after their divorce. We also take pride in being prepared for trial, if necessary, and being good negotiators in the event the case can be settled.

© 2007 Joseph M. Lucas & Associates, L.L.C.