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Are Divorce Settlements For Chumps?


Most criminal cases do not go to trial, and the same is true of most divorce cases.  This means that most defendants in criminal cases plead guilty and receive sentences; inevitably, some of these are punishments that they do not deserve.  In divorce court and in criminal court, a lot of people just want the ordeal to be over.  In divorce cases, this means that you might sign a marital settlement agreement (MSA) in a hurry, even if it means that you get out of the marriage with a much smaller share of the marital property than you were hoping to keep.  It is unlikely to end up with an MSA where both spouses get everything they were hoping to get, but according to Laura Friedman Williams, a lot of people, especially women, get bullied into signing unsatisfactory MSAs just because they are eager to get the divorce proceedings over with and move on with their lives or because they do not like conflict.  Although her essay on Medium does not mention divorce attorneys, they can do a lot to remedy this situation.  A Boca Raton divorce lawyer can help you accomplish your divorce and reach a satisfactory MSA, even if you and your spouse are both determined not to go to trial.

Agreements During Marriage Hurt Less Than Agreements in Divorce

One way to prevent an ugly divorce is to sign a prenuptial and postnuptial agreement.  This way, you and your spouse have made a legally binding declaration about which property belongs to which partner.  Not only can discussing finances with your spouse before and during your marriage make your divorce simpler, it might enable you to work out your differences and stay married.

How to Get a Fair Settlement in Divorce

Friedman Williams says that, when people in the midst of divorce start using the word “fair,” trouble is bound to happen.  It is almost impossible for both parties in a divorce to think that every single provision of the MSA is fair to both parties.  It is important to choose your battles.  Some clauses in your MSA will likely make you angry, but most of these wounds heal with time.

Despite this, if you hire a divorce lawyer, your chances are greater of getting an MSA that does not deal you a financial blow from which you cannot recover.  Not only can your lawyer help you decide which issues are worth fighting about, your spouse’s emotional manipulation will not work on your lawyer, even if it works on you.  If your ex emails you, trying to talk you out of an aspect of property division that is important to you, ask your lawyer to draft the response.

Contact Schwartz | White About Not Being a Pushover in Your Divorce Case

A South Florida family law attorney can help you if your ex is adamant about not taking your divorce case to trial but keeps trying to pressure you out of more and more marital property.  Contact Schwartz | White in Boca Raton, Florida about your case.



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