When to Walk Away From the Negotiation Table During a California Divorce
Most spouses understand that it is almost always better to negotiate a divorce settlement rather than go through a trial. The reasons are obvious: A settlement is cheaper, quicker, more private, and easier on the children. Factor in the stress of a litigated divorce, and negotiations seem like a no-brainer. But what happens if your negotiations go badly? What if your spouse refuses to play ball, and you are on the verge of tearing your hair out in frustration? When is the right time to walk away from the negotiation table and opt instead for a litigated divorce?
Your Spouse Seems to Cause Needless Delays
Sometimes, spouses intentionally create as many delays as possible. They might do this for a number of reasons. Firstly, they might be in a state of denial about the end of the marriage. In their mind, they can hold on to that last shred of hope as long as the divorce remains unfinalized. If your spouse seems to be coming up with all kinds of excuses to slow down the negotiations, it might be time to walk away. Of course, they will continue to cause delays during the trial – but at least a judge can force them to speed things up. In some cases, judges can penalize spouses for interfering with the court and slowing things down to a needless extent.
You Have Reached an Impasse
While skilled attorneys can help you overcome most roadblocks, some impasses are truly insurmountable. If it has become clear that neither spouse is willing to budge on a key issue like who gets the family home, the only remaining option is to give up and pursue a trial instead. You will achieve nothing by retreading old ground repeatedly, and the fastest way to deal with the situation is to let a judge make the final call.
Your Spouse is Continuously Lying or Concealing Information
Although divorce negotiations follow the same basic rules as trials, these rules are not legally enforceable. In other words, the entire system operates on an honor system. If you discover that your spouse is lying, preventing you from viewing important documents, or concealing assets, then it might be time to pursue a trial instead. Once you catch your spouse lying once, it is difficult to re-establish trust. Trust and mutual respect are crucial during negotiations, and judges can penalize spouses for lying in court.
Where Can I Find a Qualified Divorce Attorney in California?
If you have been searching the Southern California area for a divorce attorney who can help you with your legal issues, look no further than RM Law Group, LLP. Over the years, we have helped numerous divorcing spouses – including those who need to give up negotiations and pursue a litigated divorce instead. We have experience with both litigation and out-of-court negotiations, allowing you to move forward with complete confidence and efficiency. Book a free consultation today to discuss your next steps.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
