Settlement

While divorce mediation is an effective approach to settlement in family law cases, it is not foolproof.  Insurmountable problems can arise during divorce mediation that can frustrate settlement.  Here are a few commons problems and ways to avoid them: Lack of adequate information.  It is impossible to negotiate settlement when you do not know what [...]

The perils of drafting settlement agreements was illustrated by a recent decision of the Supreme Court of Georgia. When efforts to save their marriage had failed, wife drafted a six page agreement in letter form.  Both parties signed the agreement.  The agreement provided for alimony as follows, "Up until all of our children have graduated [...]

A recent case illustrated the pitfalls for the unwary in drafting settlement agreements. The agreement provided that (a) husband would pay alimony until the wife remarried, and (b) after the wife remarried husband would continue to make payments until August 1, 2015, or until the wife's children from a prior marriage finished school, whichever came first.   Wife [...]

Some divorces are settled fairly easily.  The parties may sit down at the kitchen table and work out an agreement.  The lawyers may be able to resolve differences between the parties with correspondence and telephone conversations.  But if settlement discussions prove difficult, a mediator should be brought in to assist in negotiations. A divorce mediator [...]