What is the Process of Negotiating a Divorce Settlement with a Divorce Attorney?

Key Takeaways

• Negotiation can offer a cost-effective, efficient, and less contentious way to divorce.
• The negotiation process typically involves a series of offers and counter-offers until an agreement is reached.
• Once the divorce settlement agreement has been reached, it is submitted to the court to become a binding order that must be followed by both parties.

Negotiating a divorce is a way to resolve issues that need to be determined without resorting to litigation. Whether you use a mediator or your attorney engages in negotiations directly with your spouse’s attorney, settling your divorce through negotiation can allow you to control the outcome of your case and sometimes avoid the court process entirely. Importantly, by working to with your partner to negotiate a divorce settlement, you can reduce conflict, part ways more amicably, and lay the groundwork for a more positive future co-parenting relationship.

Here are the basic steps involved in negotiating a divorce settlement:

Preparing for Divorce Settlement Negotiations

The first step involved in the divorce settlement process is to exchange information that you and your spouse may need to understand each other’s assets and financial circumstances. This can include bank and credit card statements, paystubs, tax returns, property deeds, and any other documents that reflect the assets owned and debts incurred. This background information can help you and your attorney get a complete financial picture so they can best advise you regarding your rights and ensure a fair settlement is reached.

Defining Your Goals

Before you negotiate a divorce settlement, it’s crucial to define your goals and articulate your priorities, in advance. We often recommend that clients think ahead to what they want their future to look like and consider what they need to feel secure. It can be helpful to decide where you’re willing to compromise and what is non-negotiable, in advance and remain flexible. Your attorney can assist you with developing a strategy to help ensure your needs are prioritized in crafting a creative settlement.

Initial Proposal

In an initial divorce settlement proposal, one spouse will make an offer to the other regarding terms for the divorce. The issues that must be covered include property division, debt allocation, child custody and support, as well as alimony. It is not uncommon for the first proposal to be more aggressive than what might otherwise be a reasonable final settlement. This is a negotiation tactic to gauge the other spouse’s resolve and to leave room to negotiate alternate terms. A spouse is not obligated to accept the proposed terms, and in those circumstances a counteroffer is anticipated.

Counter Proposal

The counter proposal is both a response and a rejection to the initial divorce settlement offer. If you are the spouse making the counteroffer, your attorney can help you strategize an effective response. Although you should aim high to achieve your desired results, you will also have to remain realistic and nimble. Your attorney can help you remain objective while strategically advancing your goals.

Reaching a Compromise

It is not uncommon when you negotiate a divorce settlement for there to be a few rounds of competing proposals, in addition to some amount of back and forth. At times, depending upon the complexity of your case and information that is readily available, the process can take weeks or even months. Your attorney will communicate with you during this time to explain your options, obtain your input, and inform you of the offers made. Your attorney will then negotiate with your spouse’s attorney based upon the instructions you have authorized. Notably, your attorney must obtain your consent before making critical decisions. Your attorney cannot force you to settle on terms you disagree with and must be clear on your intent. If your attorney is unable to assist you to reach compromise with your spouse, your case will need to be decided by a judge.

Drafting a Settlement Agreement

Once you and your spouse have reached an agreement regarding the terms of your divorce, a written settlement agreement must be drafted. This document will incorporate and reference the issues that have been determined with specific details to avoid the potential for future disputes over ambiguities. You will review the settlement with your attorney to ensure you understand it and the terms are acceptable to you. Both spouses must sign and date the document.

Submitting the Settlement Agreement to the Court

After the divorce settlement agreement has been drafted and signed, it must be submitted to the court. A judge will review the document to ensure it is fair and protects the best interests of any children of the marriage. Once the judge approves the settlement, it will be incorporated, but not merged, into the final divorce judgment and become a binding order that must be followed by both spouses. If either spouse fails to adhere to the terms, the other spouse can bring a motion to compel compliance or ask the Court to hold the spouse in contempt of court.

Contact an Experienced Maryland Divorce Attorney

Settling your divorce through negotiation can allow you to legally end your marriage more cost-effectively and efficiently than litigation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with you to help ensure that you understand your legal options and the best strategies to employ to achieve your desired outcomes as part of the divorce process.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.