Tag Archive for: negotiating your divorce

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.

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Can You Negotiate Your Divorce Yourself?

When you picture going through a divorce, you may envision you and your spouse each retaining your own attorney and passing much of the responsibility over to these legal professionals. But you may wonder: Can you negotiate your divorce yourself?

Negotiating the division of assets without a legal professional might make sense in certain cases. However, we highly recommend that you have an attorney review your final agreements.  And, if you have any reason to head to court, a Bucks County divorce attorney should be by your side. You want to protect your rights, and with self-representation, you might risk overlooking important legal considerations that could have financial implications. 

Benefits of Negotiating Your Divorce Yourself

For divorcing couples wanting to save money, it can be helpful to make preliminary agreements.  

This may save you a significant amount of time, especially if you and your spouse can reach a consensus fairly quickly.

  • It gives you and your spouse full control over certain outcomes in your divorce case without involving outside parties.
  • It saves you money on attorney’s fees. 

If you and your spouse are filing for an uncontested divorce, meaning you agree on all matters in the divorce case, you might be able to navigate the process without an attorney. 

However, we also caution you to really think through what you are agreeing to. The plan your spouse presents to you might seem equal and fair, but if your spouse had help with it, there may be an imbalance of knowledge or power. 

Potential Downsides of Negotiating Your Own Divorce

Sometimes, a pro se divorce, a divorce in which you represent yourself, could prevent you from achieving a favorable outcome. It could also lead you to overlook potential issues that might cause negative financial consequences. 

For example, perhaps your spouse agrees to give you the family home, but she is going to keep her entire retirement savings, including pension benefits.  

While you may be thrilled with the idea of keeping the home, you would walk away with an asset that requires maintenance, and you would have to ensure you can refinance the mortgage in your name. These details are critical to unpack before you sign on the dotted line.  

Your spouse may also ask that you split any debt, including car loans, student loans, and credit cards. However, we want to make sure that the debt is assigned to the spouse who will hold the asset.  

How a Divorce Attorney Can Assist

Attempting to work through ALL of the agreements on your own may only lead to further tensions and consume more time during your divorce process. With the help of a legal professional, you can use tools like divorce mediation to reach decisions on key issues. 

Your attorney can also find problems in your divorce settlement agreement before you file it. For example, how are you dividing assets? Which party will claim the children as dependents for tax purposes? How long will you or your spouse owe alimony?

Working with a legal professional could help clarify complex issues and streamline the divorce or legal separation process. 

Seek Guidance From Karen Ann Ulmer, P.C.

Can you negotiate your divorce yourself? You can, but we don’t recommend it. Working with an experienced legal professional such as Karen Ann Ulmer, P.C., can help protect your interests, reduce stress, and lead to a better outcome. Contact us today at (866) 311-4783 for a consultation.

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File First or Negotiate First?

After coming to terms with a divorce, the next part of the process is the negotiation stage. You may find yourself preparing mentally by asking questions as you try to determine a proper course of action. One critical part of this process is the initial filing. If you’re wondering, “Should I file or negotiate first?” you’re not alone. This question looms over many divorcees as they anticipate how the process will play out. Considering the psychological and legal ramifications will help you understand the advantages of filing first. 

You’ve Reached an Agreement, Now What?

If you’ve reached an agreement with your spouse, congratulations. You’ve arrived at the first step of the divorce process: filing the divorce petition. So, should you file or negotiate first? There are myriad psychological benefits to consider. The planning stages provide you with a strong foundation to move forward with purpose. You may also experience an immediate surge of confidence when you file first. Taking this huge step in your divorce proceedings is liberating and can strengthen your resolve. 

The phrase, “strike while the iron’s hot,” rings true when considering the benefits of filing first. This decision is an important part of your strategy, allowing you to take matters into your own hands and proceed with fortitude and determination. In this case, your opponent is your spouse, and like a good game of chess, catching them off guard will only serve to your advantage. After all, you’ve already prepped with careful planning, making certain your financial and other legal concerns are in order. You’ve likely spoken with a qualified alimony attorney to help you understand the mediation process. Throughout your divorce proceedings, your attorney will help you properly negotiate to your benefit, giving you an even greater edge.

The next consideration for whether or not you should file first is thinking about the opportunity it will give you to fortify your assets. You and your partner’s shared assets must be legally separated, including all physical assets and joint personal finances. In this instance, seeking legal advice ahead of the filing will help you protect yourself and adequately set you up financially for life after divorce. 

Why You Should Consider Filing First

Now that you’ve pondered, “Should I file or negotiate first?” the decision depends on your unique situation. Preparing for this critical step by conferring with legal counsel will help you navigate the timing, present you with options, and prepare you for your next stage in life. When you take the step to file first, you’re making a power move. By taking control of the process before your spouse does, you may secure benefits that you might not gain otherwise.

Book a Consultation Today

A consultation with Karen Ann Ulmer, P.C., can help you protect your rights and determine an appropriate course of action if you’re questioning whether you should file or negotiate first. Our team of family practice attorneys serves Pennsylvania and New Jersey. We’re dedicated to providing solutions to our clients. Book your free consultation today, or contact us at (866) 349-4117.

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