Spouses who wish to separate can avoid the tedious court process of filing for a limited divorce by reaching an agreement between them (which is in the written form) known as a “Marital Settlement Agreement”.
Such an agreement also simplifies the process of obtaining an “absolute divorce” in court. The hearing is not adversarial and is generally accomplished in a 15 to 20 minute hearing before a Master. The Master (who is appointed by the Court to make findings of fact and recommendations to the Court) accepts the Marital Settlement Agreement and ensures that the grounds for Absolute Divorce do exist.
A “Temporary Agreement” is an example of a “Marital Settlement Agreement”. The agreement grants the same orders which are otherwise achieved through the limited divorce. The couple will be spared going to court and the agreement is achieved in a mediation setting.
The “Marital Settlement agreement” is a written document which, when signed, becomes a contract between the spouses. In this way, spouses can create their own agreement through the process of mediation, without going to court.
