Negotiations and Your Divorce

Ending a marriage after many years can involve complex personal and financial considerations. Here in Bucks County, PA, the property division, child custody, or spousal support process might require ongoing discussions and divorce negotiations before you and your spouse reach a consensus. 

Many couples begin negotiating and discussing the divorce settlement before actually initiating the divorce. Preparing for negotiations early and maintaining an open discussion could help speed up the process while negating the need for court intervention. 

Create Financial Disclosures With All Assets and Debts

The property division process requires the couple to divide their marital assets and debts between them so they are no longer financially entangled. Creating a detailed financial disclosure can provide a clear starting point and help both spouses maintain realistic expectations for property division. 

Pennsylvania property division involves dividing the couple’s assets fairly between them through “equitable distribution.” The spouses can consider the monetary value of all assets and debts on their list and start distributing them to each other in a way that is fair but not necessarily 100% equal. 

Brainstorm Options and Maintain Open Discussions

Divorce negotiations require both spouses to work together wherever possible and aim for a mutually beneficial agreement. This process gives divorcing couples more control than turning to a judge, who likely does not know their lives or circumstances well. 

You and your spouse can start by brainstorming options and gauging your level of agreement with each. For example, one spouse might propose giving a lump sum payment for alimony or dividing the parenting plan between weekends and weekdays. If you have trouble communicating in person, conducting these negotiations via phone or email might be more productive. 

A willingness to compromise and being open to discussions can help both spouses reach an agreement on a solution. 

Create Contingencies and Proposals

After brainstorming solutions, the couple can begin narrowing down the options into an actual divorce settlement agreement with clear terms. One spouse may create a proposal with the terms they believe should apply to the divorce, and the other spouse can choose to sign, counter, or reject the proposal. 

Creating contingencies can also be helpful during this stage. These are prearranged plans or agreements that account for future or potential problems after the divorce. They can help the couple avoid conflicts moving forward and maintain a peaceful coexistence in the necessary capacities. 

Avoid Signing Anything Without an Attorney Present 

While you and your spouse may choose to hold divorce negotiation discussions on your own, you should avoid signing any agreements or related paperwork without having an attorney review them. Settlement agreements are typically legally binding, and you do not want to risk signing something you do not fully understand or that contains hidden or confusing language that complicates the agreement. 

Divorce negotiations can be emotionally challenging, but they may be necessary if you and your spouse want to reach an agreement without involving the court. Karen Ann Ulmer, P.C., can provide representation during negotiations. Contact us today at (866) 349-4461 for a confidential consultation.