If this is true, the celebrity couple are following a growing trend among divorcing spouses to arrive at settlement terms first before filing official paperwork to divorce.
The reason why this is becoming such a popular option? It’s simple: the “settle-first-file-second” approach to divorce is a strategic decision that helps save time and money and makes the divorce process as efficient and private as possible.
Could this be the right approach to reach terms in your marital split?
Here are some points to consider…
Working on your divorce before filing protects your privacy
As soon as you and your spouse come to a decision about ending your marriage, you don’t need to delay in working towards a Marital Settlement Agreement (MSA). An MSA is a comprehensive document that outlines the terms of your divorce, covering crucial aspects like asset division, child custody, and alimony. Handling these matters privately before involving the courts, typically through negotiation or mediation, allows spouses to go at their own pace. Settlement talks can be held after work hours, on weekends, and even over Zoom. What happens around the negotiating table stays there; only the final terms need to be submitted to the courts and public records are minimal (typically limited to filing/decree date and grounds for divorce).
Save time and reduce conflict by minimizing contact with the bogged down courts
Speaking of the courts, one of the key advantages of finalizing an MSA before filing for divorce is the reduced need for getting involved with the slow-moving court system. Once the terms are agreed upon, they can be presented to the court when you file, minimizing the necessary legal proceedings. This approach not only saves time but also reduces the emotional and financial strain often associated with lengthy court battles, helping you have a more amicable divorce process.
More control in your divorce
Starting the negotiation process early also allows both parties to have more control over the outcome. Instead of leaving crucial decisions up to a judge, you and your spouse can work together to reach a mutually satisfactory agreement. This can be especially beneficial when children are involved, as it encourages a cooperative co-parenting relationship from the outset.
Greater clarity and less conflict
Handling divorce terms proactively can help in managing the emotional toll of the process. Divorce is a significant life change, and having a clear, agreed-upon plan can provide a sense of stability during a turbulent time. It allows both parties to move forward with a clearer understanding of their future, reducing uncertainty and helping to facilitate healing.
Once you have the terms of your MSA finalized, it’s filed with the courts (with the rest of the filing paperwork), there is typically a short hearing for the judge to officially approve — and then you are done.
Have questions about your divorce and the best time for you to file or whether getting an early start on your settlement is in your best interests? We can help. Contact us today to schedule a consultation with one of our highly experienced family law attorneys. Call us at 888-888-0919, or please click the button below.
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