You and your spouse might agree on several parts of your divorce but continue to disagree on others, and that does not necessarily mean mediation failed. In Wisconsin, you may put the matters you have settled into a partial marital settlement agreement while continuing to work on the rest.
What can a partial agreement cover?
A partial agreement may cover one or more divorce issues you have already worked out, such as:
- Division of certain bank accounts or personal property
- Responsibility for specific debts
- Ownership or sale of the family home
- Some spousal maintenance (support), custody or placement issues
You do not have to reach an agreement on every issue simply to make progress. Separating settled matters from disputed ones can help clarify what still needs attention.
If the court approves the agreed terms and includes them in the final divorce judgment, they become part of the court’s order. For agreements involving child custody or placement, the court must also consider the child’s best interests.
What happens to issues you cannot resolve?
If you cannot agree on an issue during mediation, it does not necessarily have to go directly to a judge. You and your spouse may continue negotiating or return to divorce mediation if further discussion could help.
If you still cannot reach an agreement, a judge may need to decide what remains in dispute. A partial settlement can reduce the number of issues the court must address.
Why review matters before you sign
Before signing a partial agreement, it can help to understand how each term may affect your finances, parenting arrangements or other parts of your divorce. An attorney may help by reviewing the proposed agreement, explaining its legal effect and identifying terms that may need clarification before you submit it to the court.