Divorce settlement agreements can be tricky.  You wouldn’t try to perform surgery on yourself.  Why would you try to take on lawyering for yourself?  The money you save in fees now may cost you tens of thousands of dollars down the road.

Those who know me know that I encourage couples going through divorce to compromise with one another. I feel strongly about laying a strong foundation for the future non-married relationship they will build, especially if there are minor children. However, I’ve seen a rash of cases lately in which individuals have, or have been asked to settle for terms that leave them financially and emotionally hobbled. Don’t do this!

Consider the husband who was caught cheating on his wife of twenty years and agreed to pay $2k per month in alimony for ten years, in addition to child support.  His ex gets tax-free income, her “fiancé'” is living in the house with her and the daughter, while the ex-husband foots the bill and eats tuna in his one bedroom apartment.  Would he have had to pay alimony if he took the case to trial?  Maybe.  Could he have at least negotiated a settlement that provided more favorable terms? Absolutely.  He, like many people I speak with, wanted to be done with the divorce and he accepted the first demand to that end.

It’s not just money, either. I recently spoke with a wife in an initial consultation who was being asked to agree to visitation terms of “as the husband’s out of town work schedule permits.” You think there’s a chance that might lead to conflict?  You bet it will. Here’s a quick read on 15 critical mistakes made in settlement negotiations:  http://www.divorcenet.com/states/new_york/15_critical_mistakes_in_divorce

McBay Law, LLC offers a wide range of service options to clients engaged in divorce settlement negotiations.  Limited-scope representation agreements can run the gamut from a simple review of the agreement you’ve drafted, to negotiating with your estranged spouse’s attorney over every detail.  I’ll make sure you understand the possible consequences of the agreement   before   you sign up for ten-plus years of misery and financial ruin.  Call me at 251-445-0891, or email me at ron@mcbaylaw.com.

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