If there isn’t 100% agreement, the divorce is not settled

Collaborative divorce agreementMany individuals who are going through a divorce want to avoid having to go to court.  They want to be able to reach a settlement.  And they want to do it amicably, if possible.

The reality is that many individuals going through a divorce might agree on many of the terms.  In other words, in a divorce, parties have to agree that they are getting divorced, on property and debt division, child support, maintenance/alimony and custody/parenting time issues.

In many cases, the parties might agree on a lot of these items.  But there could be one, two, three or more issues where they just do not agree.

The disagreement could be on big picture items like whether maintenance will even be paid.  But in other cases, the disagreement can be more minut like about the amount and the duration.

In some cases, the parties might agree on joint physical custody, but maybe they get hung up over the exact days and times where each will have the children.

When this is the case, the divorce is really not settled because there is not 100% agreement on all the issues that would need to be resolved the case.  And where there is not 100% agreement, the case cannot be concluded through settlement documents.  This is where collaborative practice can have some real benefits.

On the areas of disagreement, the parties can sit down with their attorneys who are trained in collaborative practice.  They can then bring in professionals like a divorce coach, financial neutral or a child custody professional to help them talk about the issues where there is not agreement.

Unlike mediation, where professionals like these are not usually employed, in collaborative practice these professionals are a key ingredient in terms of helping parties who want to settle reach an actual settlement on all essential terms.

If you need help with a divorce where is not 100% agreement on all issues, you can contact Stange Law Firm, PC about a collaborative divorce.


Author: Kirk C. Stange, Esq.

Kirk Stange is a Founding Partner at Stange Law Firm, PC.

Leave a Reply