Can a divorce be granted before the settlement?

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Can a divorce be granted before the settlement?

We cannot come to an agreement. It’s been almost 2 years. Can the settlement be decided later?

Asked on August 4, 2011 Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it is possible for the court to allow the dissolution of the actual marriage without concluding the remaining portion such as the distribution of assets and custody, etc.  If there is a temporary order of support then that will probably remain in effect until the matter is finalized by the parties.  But if you can not come to an agreement the court may in fact decide for you.  Some judges do not like to separate the issues and dissolve the marriage only so they will force the issue as to the assets.  Speak with your attorney as to the matter and see what he or she says.  Some attorneys do not like it for strategic reasons. Good luck to you. 


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