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Negotiation in Divorce


Many people assume the results of their divorce will be determined solely by a court. Like a shopper in a store, they believe the terms of the transactions are fixed, and that no negotiation is possible.  Nothing could be further from the truth.  While it is true many statutes and prior court decisions affect present court decisions, in fact, for the couple that reaches its own agreement, a court will tolerate a wide variance of possibilities on all issues, except child support.

How you divide your assets and debts is, for the most part, up to you. Either you or your spouse can buy the marital home from the other, or you can sell it and split the proceeds, in any proportion you choose. You can decide whether there will be maintenance, and if so, how much and for how long. Fault is not an issue because Colorado is a no-fault state. You can define the decision-making process affecting your children as discretely as you like, and divide those responsibilities in any manner that makes sense to you. You can carve up parenting time into segments of any size and arrange them in the fashion that suits you best.

Moreover, if it is possible for you to negotiate your own agreement, it will likely be better for both of you and for your children than the decree you would likely have gotten from the court.


This is not to say that such negotiation is easy; usually it is not. During such a negotiation, you will likely perceive your spouse as being much more interested in money than the welfare of your children. You may wonder who this person is or how you ever could have thought you were in love. You may balk at the prospect of reducing everything to its monetary value and be repulsed by the mercenary nature of the process. But if you succeed in reaching agreement, it will almost certainly be better for you and your children than a decision imposed by the court. And the process will almost certainly be less expensive than asking an attorney to make your case to the court.