While many parties disagree on issues at the start of the case, through settlement offers, mediation, or court and guardian ad litem recommendations, most cases end through some form of compromise.
The decision to divorce is a difficult one for most. Even where a party has been contemplating divorce for a prolonged period, it can be challenging to decide to proceed with the divorce.
Many parties can end up feeling uncertain about how their divorce will unfold. Not only do parties worry about the case outcome on critical issues such as property and debt division, child custody, child support, spousal support, and attorneys’ fees, but many also wonder how long the case will take, how much it will cost, and what their life will be like afterwards.
When many people start contemplating essential issues like the ones above, they may decide not to initially move forward with a divorce because they feel stuck seeking definitive answers to these questions.
In the end, there are four different ways in which a divorce case can end in a procedural sense. In most instances, there is little way to know for sure how the case will end. Ultimately, if an individual wants to get divorced, they have to decide to move forward. How exactly the case ends will never be known for sure from the outset, but there are more common and uncommon ways.
What Are The Four Ways In Which A Divorce Can End?
Once a divorce begins, many do not realize that there are four different ways in which the case can end. Below are the four ways:
Settlement: The most conventional way for most divorces to end is through a settlement agreement. Most parties going through a divorce desire to settle their case outside of court. The truth, however, is that it is hard for most parties to resolve their divorce. To settle, parties have to agree on one hundred percent of the terms in the case, including the decision to divorce, property and debt division, child custody, child support, spousal support, and payment of attorneys’ fees. Many divorcing parties may agree on a fair amount of these issues. However, in many cases, parties do not agree on every issue. Even if there is a disagreement on one or two issues, such as the specifics of a custody plan or the exact nuances of property and debt division, it can impede the resolution of the divorce.
Trial: When parties cannot agree on all the issues in their case, the court will ultimately set the case for trial on all issues or, in some cases, just the issues on which the parties disagree. After the court hears all the testimony and reviews the evidence, the trial court judge can then dissolve the marriage and enter a ruling on the issues at stake in the case. Getting a trial date for a divorce can take many months or even longer. Where there is a trial, there can also be an appeal where somebody is unhappy with the result. Costs can also escalate where there is a trial. However, there are many cases where parties are unable to reach a settlement agreement. When one thinks about it, if parties are unable to compromise to save their marriage in the first place, it stands to reason that it might be hard for many of these same parties to reach a settlement agreement.
Default: In some rare cases, one party does not participate in the case itself even after being served a summons and the divorce papers. After the expiration of the deadline to respond, if the other party fails to file responsive pleadings, the moving party may move for a default judgment. A default judgment works much like a forfeit in a sports game. It means that the party that does not participate ultimately waives the right to present any testimony or evidence. In these instances, the party who files for divorce ordinarily receives the divorce and the relief they sought in the case on the substantive issues. Later, the party that defaulted may come back and try to set aside the default judgment. Whether that succeeds or not largely depends on whether there are kids and how long they wait to try and set aside the judgment.
Dismissal: In the rarest of circumstances, the parties may dismiss the case. A common reason for dismissal is when the parties reconcile and decide they no longer want to get a divorce. In other cases, courts can sometimes dismiss a divorce where one or both parties have failed to appear in court, have not complied with court orders or deadlines.
How Do Most Divorce Cases End?
In hearing the four ways in which a divorce can end, many wonder what is the most common way a divorce ends. Most cases settle through a mutually agreed-upon agreement. While many parties disagree on issues at the start of the case, through settlement offers, mediation, or court and guardian ad litem recommendations, most cases end through some form of compromise.
However, most parties need to recognize that settlement is not always straightforward. Many parties settle their divorce cases after litigating for many months or longer. Some parties even settle on or near the day of trial. Thus, parties should not assume that settlement will be simple or easy. For this reason, it is always vital to have a divorce lawyer who is skilled in both negotiation and courtroom advocacy.
Join the conversation!