In the previous post, we talked about settlement, about the court’s expectation that you and your soon-to-be ex resolve most, if not all, of your issues before your case ever gets to Trial. But just how are you supposed to accomplish this impossible task?

Start by examining each  issue between you and your spouse, looking for possible solutions. Come up with ideas that you think both you and your not-so-better half can live with. Show up to every Court Conference with suggestions on how to resolve each issue.

Present your suggestions to your spouse in the form of an Offer to Settle. Offers can be made at any time, by either party. They are written, signed, and served on your ex. They can tackle one issue, some, or all issues in your case. Multiple offers can be made, and in the interests of the court’s time and your sanity, you are encouraged to make them.

Think of an Offer to Settle as an opportunity for you to craft the terms of your settlement. Because it is exactly that.

While you or your spouse are free to accept or reject any Offer to Settle, know that there may be some nasty financial consequences of refusing a legitimate offer. If your case goes to a Motion or Trial, the Court will take rejected offers into account when deciding who pays  the other party’s legal fees.  This means that if you reject or ignore a good offer, you could have to pay for some, or all, of your ex’s legal fees.   

Surprise, surprise, the Courts are busy. They expect you to do your homework. Come prepared, not with a litany of complaints against your spouse, but with a list of solutions for the issues between you.

If you have any questions about your Family Court case, or if you want to try to avoid further litigation, reach out to us for a free initial consultation.