Posts belonging to Category Settlement

HAVE YOU THOUGHT ABOUT PUTTING A DISABILITY INSURANCE PROVISION IN YOUR DIVORCE AGREEMENT?

It is quite common for parties to negotiate life insurance coverage for divorce agreements, but it seems quite uncommon to provide for disability insurance.  Of course, this insurance is not as common as life insurance and may prove too expensive for many couples, but insurance agents tell us disability is much more probable than we [...]

HOW TO NEGOTIATE WITHOUT CAUSING TROUBLE, PARTICULARLY WITH A DOMINANT SPOUSE

A lot of my clients talk with their spouses directly about settlement of divorce disputes.  Many times my clients want to know what to say.  I have developed a simple script for them to follow.  The simplicity is important, because they need to be able to remember the script under pressure. Here it is: Give only [...]

IF DIVORCE INVOLVES COMPLEX ISSUES CAN YOU STILL USE A MEDIATOR?

A mediator should help parties reach an agreement that is manageable.  Neither party should be completely happy or completely dissatisfied.  When a case goes before a judge, the judge is, in fact, limited in the types of resolutions he or she can provide in a case.   In mediation, the parties can be far more flexible [...]

HOW THE ECONOMIC CRISIS IMPACTS DIVORCE, CHILD SUPPORT, ALIMONY, EQUITABLE DISTRIBUTION OF PROPERTY AND DEBT

        The main obligation of the Courts and for attorneys is to obtain a fair result.  As the economic downturn continues, the Courts are having to make rulings to accommodate job losses, losses of assets, such as stocks, bonds, IRAs, and other financial instruments as well as the devaluation of the marital home and increase [...]

DIVORCE IS NOT ONE SIZE FITS ALL

                  A divorce can be both scary and a relief from marital problems which cannot be otherwise corrected.  The divorce means a loss of a relationship, a loss of time with children, and possibly a loss of money or property.  It can also be a step towards independence and self-preservation if one is getting away [...]

ATTORNEYS AND PARTIES BEWARE: AGREEMENTS FOR DIVORCE ON IRRECONCILABLE DIFFERENCES ARE SUBJECT TO COURT APPROVAL

It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support.  Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through.  This obligation [...]

START THINKING ABOUT 2012 IN YOUR DOCUMENTS

I have already had several documents that I have either sent or received which mistakenly had 2011 instead of 2012.  Start thinking about the year change now.  When you draft proposed agreements or pleadings, or notary signatures, leave the year blank, such as “201_” instead of anticipating the year the document will actually be signed.   [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

IF IT AIN’T WRITTEN DOWN, IT WON’T HAPPEN

Divorce negotiation is a tricky thing.  It is much more complicated than a business negotiation because of the emotions involved.  It is also made difficult by the fact that few married people can negotiate at what we call “arms length.”  Each party has emotional leverage on the other.  Most often, one party has superior emotional [...]

THE POWER OF QUICKEN

Every divorce case is a financial planning negotiation and requires the development of detailed budget, asset and liability information.  Assets and liabilities are relatively easy to pin down with documents and appraisals.  Accurate budget information is another thing altogether. Clients are usually told to sit down with their checks and credit cards and average the [...]

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