How to Offer to Settle in Family Law
- 1). Talk to your attorney. If you want to start settlement talks, first speak to your attorney. The law make specific requirements in your case, and you need to be sure any proposed settlement meets these. If you are not represented by an attorney, do research about your issue. Go to your local county courthouse law library to see if there is any information you can use.
- 2). Contact the opposing attorney. Requesting your attorney to contact the opposing attorney is often a good idea because family law issues often involve emotional and contentious issues. By communicating through your attorney, you can remove this barrier and allow for easier negotiations.
- 3). Negotiate the terms. Whatever your case involves, you need to be clear with the other party about what you are offering. If the opposing party doesn't want to agree to your terms but is still willing to settle, they may propose alternate terms. As long as you and any opposing party agree to the settlement, you can include whatever terms are acceptable to both of you.
- 4). Draft the settlement. Once you've agreed to the terms of the settlement, write them down. If you have an attorney, have the attorney draft the proposed settlement. If you are doing it yourself, research your state's laws on what language must be included in a settlement to protect the rights of both parties. Informal settlements can sometimes be used, but formal, written settlements must be written to comply with state law.
- 5). Get court approval. Some family law matters must be approved by the court. For example, if you and your spouse have filed for divorce and you have minor children, the court must approve any settlement agreement that affects the children. The court does not have to approve the settlement if it believes it is not in the best interests of the child, and it can modify any portion it finds necessary to meet the child's best interests.
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