Timeline for Settlement of Divorce Issues
1.
CHOICE OF PROCESS
Optimally, you will agree to work in a constructive way. Each of you has an opportunity to retain
consulting lawyers if you choose mediation as your process. If more assistance is needed and one of you
believes that it will be better to have an attorney present for all meetings, the process choice will be for
Collaborative Law.
Both Mediation and Collaborative Law are process choices that focus on paying attention to your
children’s needs, your personal needs and interests and those of your spouse. All participants will listen
respectfully and be given an opportunity to speak and be heard.
2.
Identifying BROAD GOALS
“The Best Possible Separation/Divorce” – What would the best possible separation or divorce
look like for you? What kind of future relationship would you like to have? How would you like to feel
about the way that you treated each other long after the divorce is final?
3.
GATHERING INFORMATION
Information will be gathered before any negotiation takes place.
Relational
Emotional
Financial – current and ideas for future
Legal
Included in the information sharing will be complete financial information about income, assets and debts.
Statements for all assets and debts are exchanged. A formal Net Worth Statement must be completed,
with signatures notarized (required to be completed for a divorce to occur in New York).
A legal framework or default to a court-based process is part of the information conveyed. You will have
an opportunity to have specific legal advice given by your respective attorneys.
Once you both have all of the information you need to make informed decisions, ideas for settlement will
be discussed.
4.
BRAINSTORMING OPTIONS
You will brainstorm options for settlement and have an opportunity to test the consequences of your
possible choices.
With preparation
Without ownership
Open-Minded Inquiry
5.
REACHING TENTATIVE AGREEMENTS
Nothing is binding until it all fits
Testing the Consequences of the possible choices
6.
FINAL COMPREHENSIVE AND DURABLE AGREEMENT
A final and full settlement is incorporated into a Settlement Agreement. Before signing, you will have an
opportunity to have the legal effect of signing the agreement explained to by your attorney.
Whole agreement has to be mutually acceptable
Let it be “Mostly ok/Mostly ok” or “Fair Enough”
7.
PAPERWORK
Settlement Agreement, division of all assets and debts, Real Property transfers, Judgment Roll
for Divorce and Retirement Plan transfers (QDRO/DRO)
Suzanne L. Brunsting, Esq. :: 16 N. Goodman St. Suite 113 :: Rochester, NY 14607 :: (585) 244-4239 :: www.suebrunsting.com