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After one lawyer has drafted the agreement and reviewed it with you, he will send it to the other lawyer, who reviews it with your spouse. Finally, hopefully, the terms and language of the agreement are acceptable to everyone, and you both sign on the dotted line. Usually you need to sign five copiesone for the court, one for each lawyer, one for you and one for your spouse. Some lawyers like clients to initial every page in addition to signing the agreement. That way, no one can claim he didn't know what was written. |
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Impediments to Settlement |
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Once you both feel you know what is and is not in the marital pot, the biggest impediment to settlement usually is emotion. |
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Maybe you're not ready to see the marriage end, and so just when it seems like you're about to make a deal, you find a problem with the agreement. If the real problem is that you do not want the marriage to end (whether it's because you still want to be married or you don't want to give her the satisfaction of being divorced), then you should tell your lawyer to stop negotiating for a while. You need time to think things through, and there is no sense incurring legal fees by having lawyers draft and redraft the agreement when you know you're never going to sign it. |
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Maybe you're ready to be divorcedmaybe it was your ideabut you're convinced your spouse would not agree to a deal unless he was hiding something. Despite all the financial disclosure, you're just not sure that you really know what assets your spouse has. |
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If this is the problem, tell your lawyer you want a representation in the agreement that your spouse has fully disclosed assets and debt, and if it later turns out your spouse lied, you have the right to reopen the deal. |
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Some people reject settlements because they do not understand the law, and they think they'll do better in court. For many spouses living in states where no-fault divorce is |
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