Can We Settle Some Divorce Issues and Let the Judge Decide the Rest?~ 4 min read

• You and your spouse do not have to agree on every issue before reaching a partial divorce settlement.
• You might resolve smaller or larger issues while leaving specific disagreements for the judge.
• Agreements may be reached through discussions between you and your spouse, attorney negotiations, Mediation, or Collaborative Divorce.
• Limiting the issues presented to the court can reduce hearing time, legal expenses, and conflict.
• You and your spouse may also agree to certain facts even if you disagree about the final outcome.

You Do Not Have to Settle Everything at Once

Divorce does not have to be an all or nothing process. If you and your spouse agree about certain issues, you can resolve those matters and ask the judge to decide only what is still disputed.

You might settle nearly everything and have one issue left for a hearing. Depending on the issue, that hearing could take only a short amount of time instead of requiring one or more days in court.

What Issues Might You Settle Separately?

There are many ways to reach a partial settlement. You might agree on your parenting plan but disagree about child support. In another case, spouses might resolve parenting and support while leaving property division or maintenance for the judge.

Child support is one area where a judge’s decision might be useful when income is less straightforward. If you are self-employed, receive commissions, have significant business deductions, or your income changes considerably from year to year, you and your spouse might disagree about the income figure used to calculate support.

Why Settle What You Agree On?

Every issue you resolve is one less subject you must present in court. Narrowing the issues can reduce the amount of evidence, testimony, attorney preparation, and court time needed to finish your case. 

It also helps keep unrelated disagreements out of the courtroom. If the only unresolved question concerns finances for example, the hearing may focus more closely on income, deductions, financial records, and other relevant facts instead of disputes about parenting or your relationship.

Even resolving one relatively small issue could be worthwhile because it gives you one less matter to address in court.

You May Also Agree on Facts

You and your spouse do not necessarily have to agree on the final result to narrow the dispute. Sometimes, the two of you may agree to certain facts that do not need to be disputed in court. Your attorneys may prepare a stipulation identifying those agreed facts for the court.

This allows the hearing to focus on the questions that require a finding or decision. Even if you do not resolve the ultimate issue, agreeing on some of the basic underlying facts may make the remaining hearing more focused.

What About Temporary Orders?

The same concept applies when temporary issues need to be decided while your divorce is pending. In Missouri, these temporary requests are sometimes referred to as PDL motions, which stands for pendente lite.

You and your spouse might agree on most temporary matters while asking the judge to decide only what is unresolved. For example, you might settle 90 percent of the temporary issues and have the court decide the remaining question.

A partial agreement allows you to preserve the decisions you have already made together while getting a court ruling where you need one. You do not have to turn every disagreement into an expensive and public courtroom fight simply because you have not reached a complete settlement.

Contact Family Ally

If you and your spouse agree on some divorce issues but are stuck on others, you do not have to leave every decision to the court. At Family Ally, we work with you to resolve as much as possible while protecting your interests on the issues that still need a judge’s decision.

Contact Jennifer Piper at 314-449-9800 or contact us online to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

FAQs