Is It Possible To Have a Partial Divorce Settlement?

When both parties in a divorce proceeding are unable to agree on at least one issue, the matter is known as a contested divorce. In many cases, it is better to attempt to settle a divorce outside of court. However, in many instances that is easier said than done. Fortunately, Virginia law allows the parties to settle the issues they can while presenting the contested points to a judge for final determination. This is known as a partial divorce settlement in Virginia.

Partial Settlement

If the parties are unable to move past certain issues, they may utilize a Partial Settlement Agreement. This document outlines all of the points that they agree upon and the manner in which things should be handled in the future. Some of the issues that are addressed in these agreements include the following:

  • Division of assets, including real property, personal property, bank accounts, investments accounts and retirement benefits.
  • Spousal support.
  • Division of debts.
  • Child custody.
  • Visitation schedule.
  • Child support.
  • Tax considerations.

Any issues important to the parties and which they have agreed upon can and should be addressed in a partial divorce settlement. If the parties can only agree on one or two points, they can utilize this document to ensure that their wishes are followed and reduce the issues that must be addressed by the court later on in the proceedings.

Resolution of Pending Points

In Virginia, when the parties are unable to come to an agreement on one or more points at issue, they may be asked to utilize Alternative Dispute Resolution services, such as mediation. If that fails, all pending issues are decided by a judge at trial.

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Matt Kurylo

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