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Should I be negotiating on my own?

Posted on October 6, 2016 at 12:25 AM

It makes little sense for parties to discuss resolving divorce issues without some perspective regarding how the issue is handled in a divorce. When a spouse suggests some duration or amount for payment of alimony, for example, it is impossible to properly evaluate the offer without a basic understanding of the factors that the court will consider if asked to make the decision. Similarly, a party might compromise regarding alimony for property that would likely be awarded to that spouse.

Parties may be unaware that being omitted from title on a home purchased by a spouse prior to marriage does not prevent a joint financial interest in the house to the extent the home is paid for or improved with income earned from employment during marriage. A spouse who is not listed on title may have a substantial equity interest in the home, especially if it has appreciated in value. If a spouse agrees to a shorter period of alimony than a family law judge would likely award for the exchange of the equity in the family home, the spouse may unknowingly give up something to receive only what they were entitled to receive in the first place.


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