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Learning About Negotiation in Divorce

Family law issues can be resolved through negotiations.  In negotiations, parties strive to reach agreement outside of court.  Negotiations may be between the parties or between the attorneys.  When negotiations are between the parties, this is commonly called the “Kitchen Table” approach. 

Negotiation Between the Parties:

The parties can negotiate on their own or with assistance from another person or entity. An attorney can then prepare an agreement representing the parties’ decisions.  It is always recommended that each party speak with independent counsel for advice to learn about their legal rights and obligations before signing any agreement. 

Negotiation Between the Attorneys:

One party may be represented by counsel or both parties may have attorney representation. 

Both parties have attorneys:

In this scenario, each party is represented by his or her own attorney.  The attorneys work together, through settlement negotiations, to assist the parties to come to agreement. Often, this type of negotiation can be combative as each attorney is advocating for his/her client.

Only one party has an attorney:

The parties will negotiate amongst themselves.  The attorney then drafts the agreement representing the parties’ decisions in negotiations. The unrepresented party is then encouraged to have an attorney review the agreement before signing.

Contact Li-Shann Durst at 703-443-4762 to learn more about using the negotiation method to resolve your divorce.

 

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