Divorce Negotiations

Draw Up Key Goals for Negotiations

Many people begin the divorce process believing that a bitter fight to the end is necessary or inevitable. Some of them are correct. Certain cases cannot be resolved by negotiation despite best efforts, and those parties must go to court for a judge to decide their family’s fate. In those cases, the Thompson Law team has decades of experience fighting for clients in court in the most serious cases.

However, for most clients, the best co-parenting and economic results are achieved through strategic negotiation outside of the courtroom. Often, the parties never set foot in a courtroom, and the emotional and economic savings are significant.

Throughout a relationship, couples earn income, build businesses, and acquire real estate, retirement accounts and pensions, brokerage accounts, and a host of other assets, such as options, cryptocurrency, and complex compensation structures among founders of non-publicly traded companies, for example. Couples also take on significant debt, whether a home mortgage, car loan or business line of credit, for example.

A skilled family law negotiator will utilize not only the law and expert strategy and tactics to negotiate on your behalf but also a genuine understanding of child-related issues that can only come from being a single parent, as well as a more sophisticated understanding of finance, economics, and tax to capitalize upon opportunities for arbitrage in tax or the time value of money on investments, for example.

At Thompson Law, we know before consulting with a family law attorney, consider creating a list of all of the major assets and liabilities that you know about, which belong to your or your spouse, whether held jointly or in one person’s name alone. This will help your family lawyer to advise you from Day One about the possibility of fully resolving your case outside of the courtroom through negotiation.

Stay Out of the Courtroom by Hiring A Divorce Mediator

The state of Texas recognizes mediation as an alternative solution to the courtroom for resolving divorce cases out of court. A lawyer who is experienced in representing clients in divorce mediation can help to separate couples find an agreement on financial settlements without entering the courtroom. This can be particularly helpful for couples with children or those seeking to reach an agreement without excessive costs or delay. They can also be used to discuss more discrete issues between the couples, which they may not wish to share with the public. If you’re thinking about resolving your case through mediation, you will still need to be prepared to gather and share documents and information, particularly financial documents. Speak to your lawyer about the different approaches to divorce proceedings before committing to a method of resolving your case.

Prepare for “Discovery”

During the initial phase of a divorce (or any other family law case), both parties are required by law to disclose to the other party certain documents and information related to children, assets, debts, and taxes. This process is known as “discovery”, and it can take different shapes, from the formal and imposing to the less formal and less intrusive. A skilled negotiator and divorce attorney will help you determine which information and evidence needs to be collected from the other spouse (or third-party sources, such as banks) during the discovery process.

People are understandably uncomfortable with their personal information being accessed and scrutinized, sometimes for the benefit of the opposing party. In preparation for the discovery process, it is wise to remember that your financial activity both before and during the divorce process will be scrutinized. That’s why you should discuss any financial concerns with your lawyer, who can help to prepare a strategy now for any obstacles further down the line.