In many divorce actions, there comes a time when one spouse simply won't negotiate a reasonable settlement . When that happens, it may pay in the end to create a documentary record of all communications so that the court may be able to determine which party is being unduly stubborn - and decide accordingly.
Divorce Actions: When Your Spouse Won't Negotiate
In any divorce action, it is vitally important to document all communication between the spousal parties. This helps to avoid numerous pitfalls, and may even be used as a resourceful tool by your family lawyer. Only a relative handful of divorce actions are conducted in a truly amicable manner, free of any adversarial tension. More often than not, emotions become enflamed and tempers can flare.
But hostile encounters are not the only time to document correspondence between spouses.
Being Consistently Organized
Sometimes a spouse will refuse to negotiate. Before a divorce can resolve, a settlement must be reached to some extent. This is when it pays to document all communication between the spouses, as such doucumentary evidence may be used to aid in the negotiation process toward a full settlement..
It is crucial at such times to be organized. Monitor and document for your own records every conversation that you have with the other side in your divorce case, both with your spouse and with their family lawyer. Write down every meeting, phone call, and so on, so that you are prepared to share such information with your own divorce attorney. This can cut down on wasted time and undue legal expenses.
Offers for Settlement and Negotiation
Spouses often change their minds or decide to take back past compromises in divorce cases. This is where documentation is especially important. One spousal party cannot make the other spouse more willing to negotiate, but they can show the court a behind the scenes look into what is really taking place.
Making a record of all of the communications between the parties can paint a picture for the judge, and help form a foundation for the judge to make an appropriate court order. This makes your side come through clearly and concisely. Family law courts like it when compromises are made, while looking askance when one spouse is being difficult or increasingly resistant to efforts to resolve outstanding issues on the division of marital property or spousal support..
Being prepared, and bringing to the court’s attention all relevant, documented communications, may ultimately play a significant role in the judge’s decision. Cover your bases and help present your side fairly and efficiently.
The preceding article should not be taken, or relied upon, as legal advice. It is presented "as is," for general information purposes and commentary.
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