What is the role of a judge in property division?

On Behalf of | May 18, 2023 | Divorce

During your divorce proceedings, you have several options on how to settle your affairs. Generally, you will either do it in court or outside of court.

Regardless of how you decide the handle matters, you will always have to involve a judge. This is especially important to understand when it comes to dividing marital property.

Legally settling matters

A marriage is a legal contract. You cannot break a contract without going through the proper legal channels. When you reach an agreement on all the details of your divorce, including property division, you must get the signature of a judge on the final forms. If a judge does not sign off on your settlement, then it has no legal standing.

The importance of a judge in property division

If you and your spouse can agree on how to divide all your property, it may seem like that is enough to move forward. However, until you get a judge’s approval, nothing is final. You and your spouse continue to have equal claim to all marital property and debts. It could become a tricky situation without a judge finalizing the agreement.

Secure the signature

If you can agree on everything outside of court, you will not need to go to court to get the judge to sign off. You can send your agreement to the family court judge and obtain a signature. The only time you would have to go to court is if you do not agree on matters. If that happens, then the judge has the final decision-making power.