Role of the Judge in Collaborative Divorce
Most folks imagine divorce as a messy battle in court, with two sides throwing punches over money, stuff, and kids. They see a judge stepping in to pick a winner or make a call that leaves everyone feeling like they lost a little. But there’s more to the story than that. Divorce doesn’t always look like a war—it can be a tricky dance where people try to find common ground without throwing punches. For anyone facing this, knowing how the process really works can save a lot of headaches and heartaches. Keep reading to uncover surprising truths that make divorce less scary and more manageable.
This begs the question: what is the role of a judge in a divorce where the parties are collaborating to reach a consensus on the major issues? Does the judge matter? Will you even see the judge?
Once a settlement is reached in a collaborative divorce, the next step is drafting a comprehensive written settlement agreement, which must be signed by both parties as well as their collaborative divorce lawyers. During the negotiation process, the judge is not involved at all. Instead, the parties are working with the collaborative team in settlement meetings.
Then the judge comes into play. The judge will review the settlement paperwork and make sure the agreement is “unconscionable” (the legal term for incredibly one-sided). If there are no issues with the paperwork, the parties in the divorce may not actually see the judge at all. Often, the judge will sign the settlement paperwork and divorce decree with affidavits. In other cases, the judge may hold an uncontested hearing where the parties have to appear once.
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