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available, it is difficult to understand how a spouse can just walk out of the marriage without paying some kind of penalty. The penalty sought is usually an extra share of the marital assets. The law may provide, however, that no matter the reason for the divorce, assets are to be divided on a nearly 50-50 basis. A client who refuses to accept this will never be able to settle on a 50-50 basis, and may have to go through the expense of a trial just to hear a judge say the exact same thing. |
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Some people reject settlements because they feel the deal has been shoved down their throat. Perhaps the lawyer was too pushy. Although the client didn't complain during the negotiations, when it comes time to signing, she balks. Whatever the problem, discuss it with your lawyer. If yours is a case that needs to be decided by a judge because you just can't work out or sign a settlement agreement, stop the settlement process now before any more money is spent. |
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1. You think your spouse is hiding assets. You can have an expert locate them and testify to their existence in court. Remember, if you're sure that he's hiding assets but you can't prove it, a judge probably is not going to accept your position. Always consult with your lawyer. |
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2. The deal is too vague. For example, the proposal is that visitation will be agreed upon later, or that bank accounts will be divided according to the parties' wishes. Any proposal that's merely an agreement to agree is just putting off conflict, not resolving it. Reject it in favor of a specific proposal. |
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3. The deal is unfair. Although that may seem obvious, it's not always easy to know when a deal is unfair. Here are some examples: |
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You and your spouse ran up the credit card bills together, buying things for the family, but only one of you is going to be responsible for all the debt. |
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You filed aggressive joint tax returns, but now only one of you is expected to pay the debt. |
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You own two apartments, and your spouse wants both of them. |
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The test lawyers use for fairness is the law and the case law. You can use the objective test: If you were not involved in this case, would you think the proposal was fair? |
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