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Is it possible to settle contested divorce without property discovery and mediation, if parties can settle by themselves?

Issaquah, WA |

I have a few other questions too.

Does the property list need to be included in the divorce decree?

And is there a way to not go through mediation in WA?

Attorney Answers 2


Absolutely and the courts love it when the parties can be amicably and try and resolve everything themselves, just make sure that your paperwork is appropriate.

Yes, the property issues must be resolved as that is a part of the divorce and you should make sure that you have an agreement on that, or it does vitiate the purpose of being collaborative, if you cannot agree on the property then you may have to refer back to mediation or use counsel.

One thing I would caution you on is to make sure that you fully understand the agreement, the long term affects and any tax consequences you may have which may necessitate a quick meeting with a local WA attorney. Take care and I wish you all the best. .

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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I absolutely agree with the other answer. You did ask a two fold question. Can you settle without mediation? Of course. Without discovery? I don't recommend it.

In order to have a good agreement you want to make sure that all asset and debt have been disclosed. An undisclosed asset can be a time bomb. The disclosure need not be formal but you do want to make certain both parties are fully informed.

Tax consequences are also important and you should have agreement reviewed by attorney. Many attorneys will provide a consultation at an hourly rate to review documents.

Many people doing their own settlement do not understand that the full extent of the settlement does not have to be disclosed in the public record and can be a separate agreement that is not filed with the court. Again, an attorney can help you preserve your privacy.

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