Weston Divorce Planning
Over The past year or so it has come to my attention that many couples who are considering a dissolution of marriage from their spouse are attempting to initiate the process in a more civilized manner. Instead of retaining an attorney and filing for the dissolution they first seek to try and resolve it by reaching an agreement. This process obviously has many possible advantages. It is obviously less costly, since the costs of litigation can be expensive and it usually leaves the couple on much friendlier terms after it is finalized. Most importantly the couple is able to decide what is best for them and what is best for their children. I am not suggesting that this process can work in all cases, but there certainly seems to be a movement towards this manner of resolution.
A couple who wishes to resolve their marriage by negotiation should deal with each other in good faith. If there are hidden assets or attempts to gain an advantage in the negotiation, a fair and equitable resolution will not be reached. In some relationships one party may be the person in charge of finances and as such may have greater knowledge of the financial position of the parties. It is important to understand that once an agreement is signed it is binding on both parties and very difficult to set aside. A settlement without all the information and without proper advice can often lead to inequitable results. I suggest that even if it is the intention of both parties to settle their dissolution without litigation it is still beneficial to retain an attorney to counsel you. Of course one attorney cannot represent both parties, but getting attorney’s involved to insure that the agreement that is reached is equitable and consistent with Florida Law can be a great benefit.
I have been retained by several individuals who are in the process of negotiating a settlement with their spouse. They are seeking my guidance and expertise to assist them in reaching an equitable and lawful agreement. Most individuals do not have knowledge of certain aspects of the law and as such it is to their benefit to have counsel. Once an attorney is retained a possible settlement can be discussed. Financial information can be required to insure that there is full financial disclosure. After discussing a possible agreement with the client a proposal can be sent to either opposing counsel or if not represented, the other spouse. This will start the negotiation process without the stress of time limitations and potential litigation.
I call the above process, Divorce Planning and I suggest anyone contemplating a dissolution should consider this as the starting point. If negotiations fail, the more traditional method will still be available. My office is available and offers free consultations.
For answers from an experienced divorce lawyer about planning your divorce in the West Broward area, email us or call us at 954-385-9160. Let us explain how we can help you through the divorce planning process.