Roadblocks in a Divorce Settlement~2 min read

Almost everyone agrees that going through a divorce is stressful. For some, the process is more stressful than for others. Some spouses respond to the divorce by making the process difficult.

They are uncooperative and make it almost impossible to work together to come up with their own settlement agreement. Some of the main issues that create roadblocks to settlement are fighting over the custody of minor children, wanting to be the “winner,” and having unreasonable expectations.

Fighting Over Custody of Minor Children

Generally, both parents are fit to have primary conservatorship over the children. Both parents are generally fit to have a reasonable possession schedule.

When parents use the children as bartering chips, or as a fighting tool against their spouse, the court can often see this battle as a vengeance by one parent and that doesn’t bode well for a final court resolution.

When both parents can focus on what is really in the best interest of the children, then a settlement can be reached, and a parenting plan agreed to.

Wanting To Be The “Winner”

Traditional litigation pits the parties against each other. Instead of encouraging the couple to settle their issues and agreeing on a parenting plan, each party wants to be the winner. They fight over everything:

• Who will keep the house?
• Who will have custody of the children?
• Who will pay child support and how much?
• Will one party have to pay spousal support?

They run to court for every minor issue. It doesn’t seem to matter to them that each court hearing costs money. They are committed to not agreeing with anything their spouse suggests.

Having Unreasonable Expectations

One spouse seems to bury their head in the sand and has unreasonable expectations when it comes to discussing their issues, especially the division of assets and child and spousal support issues. The spouse wants the financial situation to be the same as prior to the divorce.

This is generally unreasonable when income that was formally used to support one household now has to support two.

It doesn’t have to be that way. If spouses will sit with a mediator, or cooperate in a collaborative divorce, they can understand their overall financial situation, what each spouse’s new budget will be, and decide how best to divide assets. They can both budget for the future and understand how to stretch the income.

For assistance in navigating roadblocks that seem to prevent meaningful divorce settlement negotiations, contact Daniel Abasolo at Springer & Lyle. You can also call Daniel at 940.387.0404 to schedule a consultation.