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What if we agree, just not on everything?

When you are going through a divorce, it may seem like a ludicrous concept to compromise and negotiate on things like property division and parenting plans moving forward. Surprisingly, more and more couples are opting to settle the terms of their divorce out of court and not leave the fate of their beloved possessions forĀ an impartial judge to decide.

So what happens if you go through all the steps of mediation, you resolve the majority of the items on your list with minimal dispute and negotiate through that dispute until you reach a compromise and yet you find a few areas where an agreement simply cannot be made?

In situations such as this, you can do something called a "partial settlement." What this means is that you essentially reach an agreement on some things but the things you cannot agree on you submit to the court. You then leave it for the court to approve what you have laid out and have the court order you to submit the unsettled issues for a resolution at trial.

If you are contemplating a divorce or are already trying to figure out which way to split the things you value most, you may benefit substantially from bringing a family law attorney to the table to help you sift through all assets, retirement funds, parenting plans, custody arrangements, debts and so on. This can help you establish what you think you want from what you really want and then strategize on how to come out the other side feeling like a victor.

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Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
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Barrington, IL 60010

Phone: 847-382-3995
Fax: 847-382-4038
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