Amicable Divorce Settlement

Amicable Divorce Settlement

During the amicable divorce settlement negotiation process, the lawyer and the client look toward problem-solving to avoid court proceedings. The lawyer and client work together to identify and understand their interests and goals as well as those of the other party and to develop creative solutions to difficult issues.

The client and lawyer will work together to bridge the gap between both clients’ interests so that the parties can reach a settlement that may not meet all of their needs and desires but is one that is a fair compromise that balances everyone’s interests.

It is essential in the negotiation process to develop communication patterns that are productive in reaching an amicable divorce settlement. The goal of a lawyer during the negotiation process is to help the clients will reach a legally binding out-of-court settlement in a cooperative environment, minimizing the financial and emotional costs and the unpredictable outcomes of litigation.

Amicable Divorce Settlement Advantages

Ability to Compromise – Everyone has time to think through the terms and negotiate all aspects of the terms of settlement in a calm and methodical fashion. This allows parties and attorneys to weigh the pros and cons of their wants and needs.
Costs- Attorney costs are lessened because attorneys are focusing on reaching agreements rather than wasting time just waiting to have their cases heard in court in order to argue why they are right and the other side is wrong.
Long term- Parties may feel more satisfied and secure in the decisions they have made in negotiating a written agreement. They will have had more time to discuss the terms with their attorney in a calm fashion and have more time to reflect on the long term effects of their agreement.

Amicable Divorce Settlement Disadvantages

Intractable Positions – Parties may get stuck in what they want and miss the forest for the trees. This can stall the negotiation process and delay resolution.
Costs – Attorneys still can spend a lot of time going back and forth on the finer points of an agreement without finding resolution like they would if their feet were put to the fire in the courthouse.
Long term – Some parties may feel that they caved to the pressures of the other side rather than having the court hear their side in order to vindicate their position.

Divorce Options

Mediation

Prenuptial & Martial Agreements

Collaborative Law

Amicable Settlement

Divorce Litigation

Want to Know More?

If you are interested in a consultation to discuss the options available to resolve your divorce, custody issues, support, or equitable distribution issues, please contact me and I can help you investigate your options. Call me, Lenore M.J. Myers, at 215-470-3121 or email me at lmjmyers@cs.com.

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