• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do you Negotiate during Distribution?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tyandi

Member
What is the name of your state? NC
I am finally to the point where my wife has had her lawyer send me a proposal to settle.(Legal separation)
She wants the moon and the stars. We live in an equitable state, but she wants the new car, the entire house, all the furnishings and leave me with the old car, not a dime of the home, and all of our 10K debt.
My lawyer is $200 per hour, so how can I expedite matters in negotiation to keep the lawyer tab lower?
I want half of everything, so can I tell the Lawyer thats the bottom line, no more negotiations?
 


Bali Hai

Senior Member
tyandi said:
What is the name of your state? NC
I am finally to the point where my wife has had her lawyer send me a proposal to settle.(Legal separation)
She wants the moon and the stars. We live in an equitable state, but she wants the new car, the entire house, all the furnishings and leave me with the old car, not a dime of the home, and all of our 10K debt.
My lawyer is $200 per hour, so how can I expedite matters in negotiation to keep the lawyer tab lower?
I want half of everything, so can I tell the Lawyer thats the bottom line, no more negotiations?
Sure, you can negotiate any way you like.

Remember that equitable distribution doesn't mean the court will divide your marital assets and debts equally.
 

tyandi

Member
How do we determine

I know,
But how long will the "back & forth" negotiations go? Will the lawyers know whats equitable? Or should I just let her take me to court and have the judge decide.
 

BelizeBreeze

Senior Member
If you want to save money, take the Offer sheet, type it into yor computer and in the place of her name put yours. then give it to your attorney and tell him/her to file it.
 

tyandi

Member
yeah

Hey, I like that idea.
I guess i need to tell my attorney that it's time to take the gloves off right? Are my chances better at getting more if I go through negotiations with attorneys or just have a divorce judge distribute?
 

weenor

Senior Member
You attorneys will offer suggestions, but ultimately in mediation the give and take is up to you and your stbx. During mediation, the two of you are control and can decided what you can live with and what you can live without. Once it gets in front of the judge, a perfect stranger will be deciding how the stuff gets split. Make sure that you have a clear idea of what is important to you before going into the mediation and then negotiate from there.
 

tyandi

Member
Good thoughts

Excellent thoughts. But what if we cannot agree? Because she wants the ENTIRE home, and I want some of the equity, that's what is important to me. She is only 34, has no disability, and does not work??
 

nextwife

Senior Member
Who ARE all these able bodied women who "don't work" and who think everyone OWES them because they haven't ever bothered to develop themselves? "He makes SOOOO much and I make SOOOO litte? Boo Hoo!" Why weren't they just as capable of developing job skills as their spouse? And I am NOT talking about Moms from the Ozzie & Harriet days when women all stayed home. I though we girls had developed WAY past that!
 

weenor

Senior Member
nextwife said:
Who ARE all these able bodied women who "don't work" and who think everyone OWES them because they haven't ever bothered to develop themselves? "He makes SOOOO much and I make SOOOO litte? Boo Hoo!" Why weren't they just as capable of developing job skills as their spouse? And I am NOT talking about Moms from the Ozzie & Harriet days when women all stayed home. I though we girls had developed WAY past that!

Unfortunately some of us have progressed to the point that we have ended up supporting the deadbeat males on the other side of the aisle. LOL

OP- if you don't agree- that's what the mediator and the attorneys are for...they should be able to tell you and her what the benefits and risks are for going to court in your particular case. What you are unable to agree about now, may very well change when you actual sit down and discuss the issues. Remember you always start negotiations by asking for more than your likely to get and then you end up meeting in the middle.
 
F

fireboat1

Guest
You dont mention children so that makes it easier .As for the house,either one buys the other out ,or ,sell it and split whatever equity is in it. Take the proceeds and move on.The furnishings etc. It will save you both alot of time and more importantky money if you decice who gets what now.Set aside greed and any other head problems there are.Fighting about chrstmas ornaments and fish tanks etc. is dumb.Women tend to like the stuff.Any gifts from family members could go to the relative spouse.Split as much as you can on your own,make a list and give copies to your attys.Furniture is expensive to replace but consider where you may end up. If its a small apt. you dont want much.The more you keep.the bigger the place you need.China etc. who needs it.If that is an item of concern,yiu might do better to give the expensive dinnerware to the wife and ask for the sterio.Unless you can easily afford to keep the house ,dont look to buy her out.If she wants the house,as you say she does,then get an appraisal,and sell it to her ,keep in mind you need your name off the mortgage. She needs to refinance in her own name.She dont work,so how is that going to happen.Try and talk thay part out,but it probably wont work. Thats an item your attys.need to address. Remember,you need your name off the mort.if its not removed,you may be turned down for future loans especially mortgages.Cars,same deal,she wants the good one,sell her your half ,she needs to get a new loan. You want the car,reverse he deal.She dont work,so who can afford it.Give her the old car as her half of the equity of the newer one if the numbers work. Mediation is a great way to go,you have a say in what happens,but remember,everyone gets something they want and dont want.But it works out.There are usually 3 attys that can work things out without the hollering bikering etc.Youratty,hers and the mediator.They cut right through the BS and get it done. You can advise your wife that you expect to be fair,but you both must be senseable ,that saves money,as the mediation progresses,the attys and mediator take notes and run a list until all items are dealt with.If you have a pension,she will look for part of it,as well as 401's etc.Sometimes an interest in a pension will be conceeded for total interest in the home. Its a big bargaining session. Good luck.
 

LdiJ

Senior Member
nextwife said:
Who ARE all these able bodied women who "don't work" and who think everyone OWES them because they haven't ever bothered to develop themselves? "He makes SOOOO much and I make SOOOO litte? Boo Hoo!" Why weren't they just as capable of developing job skills as their spouse? And I am NOT talking about Moms from the Ozzie & Harriet days when women all stayed home. I though we girls had developed WAY past that!
While I do agree with you for the most part (I would never have allowed myself not to develop a career of my own so that I could be self supporting) there still really are alot of men out there who don't want their wives working. (too much freedom and opportunity to develop independence:rolleyes: ) There are also both women and men who aren't capable of higher education.

Seriously, there is a guy that I work with where he and his wife have a very successful franchise within our organization. However it almost didn't happen for them because he was adamant that his wife was NOT to work, that their children were never to be in daycare. He has a career outside of the franchise. Naturally she was the one who started the franchise and he flat out tells everyone that he almost pulled the plug on it several times because it took her away from the kids.

However now he is also heavily involved himself and its so successful for them that he wouldn't dream of doing that any longer....plus its only 1/1 - 4/15 on any serious basis.

So...we can't blame it all on the women. Yes, there are some who prefer not to work (and there are also men who prefer not to work)....however some of the men who scream the loudest about property settlements and/or spousal support are men who never wanted their wives to work....or who willingly agreed that their wives should stay home with the kids.

I still chuckle regarding my ex. In some was he was/is the biggest "women's libber" out there. He is all for women having a career and honestly believes that women are better at the "nuts and bolts" of business than men are. He also believes that women are better at handling money than men are.

However when it comes to the home and the children, he was the opposite....he believed that it was the woman's responsibility....even if she had a career. If she couldn't handle it alone?...then hire someone to help her...LOL....even if you can't afford it. That doesn't mean that he wasn't/isn't a great dad, or that he wouldn't step up to the plate when needed....its just means that he wanted life set up so that "stepping up to the plate" was for an emergency, not daily life.

He is not the only man I know like that......plus there are some women out there like that as well.

Ok...I have rambled a bit but the bottom line is that I don't think its fair to trash someone when they made choices based on what they believed was a permanent lifestyle.
 

Bali Hai

Senior Member
tyandi said:
I know,
But how long will the "back & forth" negotiations go?

I suspect until you both have a hefty attorney bill and/or she files for RJI.

Will the lawyers know whats equitable?

Nobody really knows what is "equitable".

You would think that $200k in total assets would equal $100k apiece when you walk away from each other, but that is not how it is designed to work. And there is a reaon for that. You are about to find out what it is.

Or should I just let her take me to court and have the judge decide.
The judge will use discretionary power entrusted to him/her to equitably distribute the marital property. You have no way of knowing what that outcome will be until it's decided. If you go this route, good luck.
 

Bali Hai

Senior Member
nextwife said:
Who ARE all these able bodied women who "don't work" and who think everyone OWES them because they haven't ever bothered to develop themselves?

The ones after a free ride.

"He makes SOOOO much and I make SOOOO litte? Boo Hoo!"

That was the plan when her mother raised her.

Why weren't they just as capable of developing job skills as their spouse?

They are just as capable. They are just not willing to sweat for it. After all, why should they?? This is what SHOULD be at the end of LdiJ's long-winded alimony justification post.

And I am NOT talking about Moms from the Ozzie & Harriet days when women all stayed home. I though we girls had developed WAY past that!
You have developed past that.

You are protected by hiring laws that give you preferencial treatment.
You are given flex hours and the option to work from home on your computer.
etc.etc.etc**************

The problem is that the laws and courts haven't gotten past Ozzie & Harriet.
 

nextwife

Senior Member
LdiJ said:
I don't think its fair to trash someone when they made choices based on what they believed was a permanent lifestyle.

Yes it is. NOBODY can say that they are iinvulnerable to becoming disabled or dying. "Permanent"? Now naive does one have to be to think that health is permanent?

No "marital agreement" can REQUIRE that the male spouse can never get disabled! Besides, say they stay together until retirement? Few employers can be counted on to provide health insurance to retired employees anymore. If male spouse is older, female spouse may very well need to be working when he retires in order to have HER or any minor children covered by health insurance. Not to mention that saving a sufficient amount saved for a decent retirement will require 401Ks from BOTH spouses, as many employers no longer offer pensions, either. Then add the medigap insurance, long term care insurance and non-covered prescription drug costs to a retirement, and you'd talking hundreds a month JUST FOR THAT.

EVERY woman should be able to support her family if her husband can't. It's just plain short-sighted to allow oneself to be left incapable of providing for their family financially - dad's health can change in a heartbeat.

Sorry for the rant. The couples I know all SHARE childrearing and financial contributing. That way Daddy and Mommy BOTH get to be very involved with the kids, instead of working Daddy to death so that he drops of a heart attack or stroke.

All right, back to our programming**************
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top