If you do draw a line in the sand, you'd better back it up by being fully prepared to go to trial on those terms. You're stuck negotiating with the person - or the judge will decide for you. Be careful about lines in the sandĪ certain type of hard-nosed bargaining - "Not one penny less, or we'll see you in court!" - might work in the business world, but you can't get another vendor or customer in divorce court. Or this may be the go-to strategy for their attorney, who likes to ask for "the moon" and then negotiate down. You may get one of these because your spouse has no clue about realistic outcomes of the case. That is, there is no way the outcome set forth in the offer will be achievable in court. There are few annoyances in the divorce business worse than receiving a totally unrealistic offer. If you are responding to a proposal, make edits in-line, for example, in a Word document with changes tracked. Summaries are useful initially but are too brief and lacking in information to be of much value in negotiations.
Initially, it is most effective to make your proposals in the form of a complete marital settlement agreement (MSA) and custody and visitation agreement. We've seen this concern even in high-asset divorce cases in which the less-moneyed spouse will likely receive millions of dollars. For example, if you are the primary breadwinner, your spouse may be worried about being pushed off a financial cliff. It helps to negotiate if you know why your soon-to-be ex-spouse is taking a certain position. Try to understand your spouse's point of view Consider the costs in time, money, and emotional energy - not just for you but for your children, family, and friends as well. Work with your attorney to assess the true costs of your divorce versus any settlement you are considering. Get a realistic assessment from your attorney about how likely you would be to prevail in a trial.
Know your chances of success and the likely range of trial outcomes
If you feel unsure about your finances, talk with your attorney and a financial planner or CPA if you need help. It helps to annotate the balance sheet (example: "Chase Bank Checking #0433 Jstatement"). The faster you provide your financial information, the faster both of you will be able to negotiate. If you know what you want, you know what to ask for and which offers to turn down.īeyond that, here are some tips on what to do: Gather and validate your financial data, share it, and make sure you have the same from your spouse In the course of handling hundreds of divorce cases, I have come to learn that knowing your goals at the outset is crucial. Account icon An icon in the shape of a person's head and shoulders.
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