Maitland Marital Settlement Agreements Attorney
Roughly 95 percent of the family law cases in Florida settle out of court. Some resolutions come quickly. Other cases settle almost literally on the courthouse steps. However, Orange County judges do not approve all marital settlement agreements. Regardless of the agreement between the parties, the settlement must equitably divide marital property, and the parenting plan must be in the best interests of the children.
At The Troum Law Firm, our Maitland marital settlement agreements attorney typically believe that an agreed settlement is better than an emotional and costly trial, as long as the settlement protects your legal and financial rights. So we look into all financial and emotional settlement matters and thoroughly research changing laws before we make a recommendation. The solid legal advice we give in these situations is advice that you can rely on.
Laying the Groundwork for Settlement
Twenty years ago, only super-rich couples bothered with premarital agreements. But their use has increased 500 percent since the turn of the century. These pacts enable parties to make important financial decisions in advance, so money squabbles never have a chance to poison their relationships.
Moreover, prenuptial agreements often avoid costly and protracted divorce litigation that no one truly wants. Generally, family law judges uphold these contracts, as long as they are not glaringly one-sided and each spouse had an independent Maitland, FL divorce lawyer.
In the absence of a premarital agreement, settlement negotiations must start from scratch. Typically, most parties agree on broad, general principles, such as overall property division and a general timesharing arrangement. However, the devil is often in the details, as the old saying goes.
Give-and-take is paramount during settlement negotiations. For example, if Husband wants a larger share of a retirement account, he may offer Wife more temporary alimony. Of, if Wife wants custody of the children, she may offer Husband extended weekend visitation.
While there is usually some back and forth, at The Troum Law Firm, we never lose sight of your legal and financial rights. If the pact does not protect them, we keep negotiating. We will go all the way to the mat for you if needed.
Family Law Mediation in Florida
If the matter remains unsettled as the trial date approaches, most family law judges refer such matters to mediation. This form of alternative dispute resolution is usually successful, if both parties participate in good faith.
“Good faith” usually means two things. First, each party must be willing to make sacrifices to get a deal done. Second, both parties must be completely upfront with each other, especially in property division matters.
Generally, mediation sessions last a full day. After the mediator hears brief arguments from both sides, this person conveys settlement offers and counteroffers back and forth between the parties. This process does more than avoid litigation. In many cases, mediation increases voluntary compliance with the orders. Mediation also gives divorcing couples the confidence to talk out future disputes, rather than rushing to hire Maitland, FL family law attorneys.
Contact a Diligent Maitland Family Lawyer
A solid settlement agreement is usually the best way to resolve a divorce. For a consultation with an experienced family law attorney in Maitland, contact The Troum Law Firm, P.A. After-hours consultations are available by appointment.
