Reducing your Chances of Post-Divorce Litigation

You have been thinking about divorce for quite some time, and now, you’re finally going through with it — with the hope that it’ll all be behind you…very soon. So, the last thing you’d want (after you’ve spent so much time, money, and energy to finalize your divorce) is to land right back in the middle of it, litigating with your ex over the details of child custody, visitation, child and spousal support payments, or really anything. With every misinterpretation, oversight, and renegotiation comes more conflict, more stress, and more time and money spent in your attempts to resolve. 

So, is that just part of the deal with divorce? Just accepting that it will never really end?

No, it’s not — and no one should have to endure ongoing drama, stress, and conflict following a divorce. Before you finalize your divorce, you and your soon-to-be ex spouse can document all of your agreements in a legally binding, enforceable, and detailed written contract. This contract is called different things in different states, including a Marital Settlement Agreement (MSA), Divorce Settlement Agreement, Stipulation of Settlement, or Separation Agreement, but they are all essentially the same thing. This contract, once signed by both parties, will become part of your divorce judgment — and after court issues a judgment of divorce that includes a Marital Settlement Agreement, the matter is usually final, and the divorce may not be challenged (barring some limited circumstances, such as fraud or a mutual mistake).

These contracts aim to detail each of the agreements about commonly disputed items, such as:

• spousal and child support provisions;
• custody and visitation agreements through to emancipation;
• division of property and assets;
• allocation of retirement accounts; and
• the procedure for post-divorce litigation (should it become necessary for missed details or changed circumstances).

Some of these contracts (depending on in which state you’re filing) even include penalty provisions intended: to secure post-divorce harmony and stability; as a deterrent for non-compliance that’s not economically motivated; and as a means of compensation for the emotional harm resulting from such a breach. Where these provisions have been included, they have been found to be effective at reducing “ulterior motives” by the other spouse.

If you and your spouse are considering an uncontested divorce, employing a legal professional (like a trained mediator) to help you draft, review, and revise your agreement, will help ensure that it will hold up in court and cover all of the bases (in great detail).  If you’re interested in spending your time and money on other, more enjoyable activities, consider using a mediator, which can be more expedient and cost effective than using an attorney.

Should there be an unfortunate (but usually anticipated) violation of the provisions, you will be able to use the signed contract (which became part of your divorce judgment) to pursue resolution with the court.*

If you are able to work with your spouse to come to agreements (on your own, or with the help of a trained mediator), then a settlement agreement can be quite preferable to litigation, which can be emotionally draining, time-consuming and expensive.

If you’d like more information, please reach out to a Divorce With Dignity Provider in your state. Each Provider offers a complimentary discovery session, where they can answer your questions and speak to your unique situation. Click here to find a Provider near you and schedule your complimentary consultation.

*In the case of child support payments, states have laws that specifically address the failure to pay child support, and judges don’t like it when parents fail to make court-ordered child support payments, so you’ll likely have a few different options to resolve this issue.