How Do I Prepare for Divorce Settlement Negotiations?

Divorce is a difficult process to go through, and it can be emotionally and psychologically stressful for both parties. It gets even more painful when children are involved. But with divorce mediation or other divorce settlement services, we can help make the process more bearable for both parties.

What is a Divorce Settlement Agreement?

A divorce settlement agreement is a legally binding document that provides the agreed-upon terms of the divorce. It can cover many areas, such as:

·         Spousal support

·         Child custody and support

·         Visitation rights

·         Division of properties

The sooner you and your spouse reach a settlement, the better it is for both of you. However, there is no timeline as to when you should reach an agreement. Some enter into a divorce settlement agreement before they go to court, and some, on the day of their trial.

It is advisable to resolve your disputes and disagreement outside of the court to save time, money, and heartache. It can help minimize the stress and impact on both parties, and the children.

Things You Should Do to Prepare for your Divorce Settlement Negotiations

Settlement negotiations are taken place when both parties discuss the terms of the divorce. It can be face-to-face, via correspondence, or over the phone. We offer virtual divorce mediation anywhere in California and in-person Orange County divorce mediation.  Divorce mediation can save you significant money and time compared to litigation.

Here’s what you can do to prepare yourself for your settlement negotiations.

1.      Contact a trained and qualified mediator.

A trained, knowledgeable, and experienced mediator can help you find the right solutions for your family. You would not want a judge overloaded with a crippling caseload and limited time to spend on each case to make decisions for you. Mediators, on the other hand, are hired to understand all the ins and outs of a case. Mediators are specially trained to guide the parties to consider both side’s needs and concerns and to empower the couple to reach an agreement that works for them.

2.      Get all the relevant details.

You’ll need to refresh yourself with all the important details of your marriage, including the following:

·         Marriage date

·         Separation date

·         Names and ages of your children

·         Your current living arrangement and expenses

Before you file for divorce, you will need to fill out important legal forms required by California law. Your divorce mediator can help you secure and complete these forms.

3.      Identify your assets and liabilities.

One of the main issues discussed during divorce settlement negotiations is how to divide marital properties and debts.

Here are some items to prepare for the negotiations:

·         List all your assets and debts.

·         Identify if the property or debt is separate or community.

·         List down the fair market value for each.

Under California law, assets and properties accumulated during the course of the marriage belong equally to both spouses. Unless there is a prenuptial agreement, community property is divided equally based on their value in the event of divorce.

Separate property includes property acquired before marriage, received as a gift or inherited during marriage, and acquired before the divorce but after the separation.

You will also need the list you have populated to fill up your Schedule of Assets and Debts to complete your divorce. You and your spouse must each prepare your own Schedule of Assets and Debts. Your divorce mediator may assist with preparing these for you. The Schedule of Assets and Debts can serve as a guidepost for your negotiations.

4.      Prepare a parenting plan.

Think about your children when drafting your parenting plan with your Orange County family law mediator. The plan must include a time-sharing schedule for both parents and who makes decisions about important matters, such as education and health.

Consider the following when you draft your parenting plan.

·         It must meet the basic needs of your children.

·         Consider the age and personality of each child.

·         Give the child consistent and regular times with each parent.

·         Make it detailed.

·         Provide a sense of security and routine for your children.

·         Refer to your county’s parenting plan guidelines.  Orange County’s Parenting Plan Guidelines are found here - https://www.occourts.org/media/pdf/parenting-plan-guidelines.pdf.

5.      Study California’s Child Support guidelines.

Child support is the right of your child. Your children have the right to receive financial support from both of you. Your mediator and family lawyer will help you with the resources that you need to create a beneficial child support plan. It will be helpful if you also familiarize yourself with the guidelines beforehand, so you can be ready with your options.  Here is a link to the Child Support Calculator provided by the California Child Support Services, based on California’s Child Support Guidelines - http://www.css.ocgov.com/gov/css/legal/info/calculation.asp.

Getting a Divorce in California? Call Cordial Family Lawyers Today.

Divorce can be a positive and amicable process. Cordial Family Lawyers are dedicated to helping you find a peaceful means to settle. We provide divorce mediation services throughout California that can help you resolve your conflict without going to trial. Our flat-fee services include document preparation and providing you legal and procedural guidance. Email us at info@cordiallaw.com for a free consultation.