There may come a time in a collaborative matter when a spouse becomes disillusioned with the process and decides that he wants to try litigation. This can happen when the process goes on longer than usual, and the clients feel like they’re not making any progress.
If you’re a lawyer, you probably tend to write more formal marital settlement agreements and parenting plans, especially if you’ve created templates for those documents. But other professionals may choose to draft more informal agreements that mimic the chatty way that people actually communicate. There are advantages and disadvantages to each style.
Your language should be clear; it should avoid confusion and contradiction. If your language is open to interpretation, you had better believe that one party will interpret it one way, and the other party another way. The result will be uncertainty, disagreement, and, ultimately, post-judgment litigation.
Negotiating and drafting a marital settlement agreement can be a difficult task. When discussing and crafting such an agreement, there are four big challenges. For most families, the hardest decision is how the parents will share the children’s time. While many courts are now encouraging 50/50 splits of overnights, many families would not choose such an arrangement, if left to their own devices.
In stressful times, it is normal to lean on your friends and family for help and advice. But what happens if their expectations for your divorce, the most stressful of times, are unreasonable?