Negotiated Divorce Settlement

The best result in any family law matter is a negotiated settlement. Divorce is a unique type of adversarial proceeding in that often the parties must deal with each other for many years following the dissolution of their marriage, especially if they have children. A negotiated settlement provides a foundation for the parties to move forward and interact in a mutually respectful manner.

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Thomas Family Law’s Memphis-area divorce attorneys are experienced and skilled in achieving beneficial negotiated settlements while dealing with the emotions of the parties with understanding and empathy as they resolve issues involving children, complex property division, and support. Negotiated settlements also tend to be much more tailored to the needs of the particular parties and can and often do include provisions that are unlikely to be included by a family court judge after a trial.

There are many avenues and options for pursuing a negotiated settlement, and those options are explored with the client to determine which is best suited to the particular case. These options may include four-way settlement meetings with the opposing party and attorney, exchange of written settlement proposals, and pre-trial settlement conferences with the judge assigned to the case, which can give both parties the opportunity to educate themselves regarding how a judge is likely to resolve their case if a trial is necessary. Another option is alternative dispute resolution, such as mediation, in which a neutral Memphis-area mediator assists the parties and their family law attorneys in fashioning a settlement agreement.

A negotiated divorce settlement could involve important compromises to reach an equitable split in finances and property. For example, you will need to discuss parenting plans, child custody, and child support to see how you and your spouse will take care of your children. This settlement will also include alimony payments, insurance, and how you will split your marital property and assets.

When you make a plan to split up your marital property, you need to have it in writing and create formal documentation. If you don't have a documented settlement agreement, you could find yourself in court if your spouse chooses not to honor your agreement. Due to this risk, you should work with someone who has proven experience with Germantown family law so that you can receive the help you need and make sure every base is covered with the division of property.

Remember that we can help you with the equitable division to make your divorce settlement in Germantown as smooth as possible. We’ll help you with court approval while assisting you with the settlement process. With a hand in every practice area associated with family law, you can count on our team to help you craft a negotiated settlement with your spouse if that’s the route to be taken.

A negotiated settlement is something that can be achieved at any stage in a case, provided that the parties have conducted sufficient due diligence to ensure that they are fully informed of the assets and liabilities comprising both the marital and non-marital estates and have the information necessary to make informed decisions. Before any settlement negotiations, Thomas Family Law’s Memphis-area divorce attorneys will help a client assess what information and issues may need further discovery or research in order for the client to be well informed and protected during the negotiation process. Cases sometimes end with negotiated settlements early in the process, while other cases settle on the eve of trial. The Memphis litigation attorneys of Thomas Family Law continue to pursue settlements throughout the pendency of a case.

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