La'Rae H. Hendrix P.A.

Family law negotiations do not have to be adversarial

Florida domestic relations procedures are similar to those that are implemented in most of the other states. Although one may have a family law attorney leading the negotiations for a divorce settlement, the client must understand the basics and participate in the process to obtain a successful result. In current practice, where the spouses agree, it may be possible to engage in a mediation or other collaborative law procedure as opposed to a contested divorce.

In those alternative procedures, the emphasis is on trying to find common ground and coming to an agreement through an amicable procedure instead of an adversarial one. Where one's family law attorney offers such alternatives, this can be an attractive option for some people. However, collaborative procedures demand that the parties can communicate with each other on a non-emotional basis and with an objective frame of mind.

When entering into the negotiating phase, one should understand his or her own finances so that offers of monetary assistance to the other party are realistic and affordable. Offers for child support will generally be based on amounts set forth in tables published by the state, which take into account various factors, including the paying spouse's income and expenses. During the course of the negotiations, it is best to try and agree to terms that can provide a win-win to each side.

The negotiations will move faster with that approach and, where there are children involved, the example of both parents coming to an amicable agreement will support the emotional health of the children. It is important to always go into the negotiating process in a family law matter in Florida with as much information about both parties' finances as possible. Being informed of all the details regarding the subject matter of the negotiations results in stronger negotiating positions and ultimate results.

Source:, "5 Easy Tips On Negotiating Your Divorce Settlement Agreement", Suhail Ajamal, Jan. 11, 2018

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