The opportunity to sit and discuss settlement terms is likely the most hopeful time in a divorce litigation. A litigant must be patient and understand that negotiations are a process and do not always result in a resolution for any number of reasons.
The truth is that despite the best of intentions and efforts, sometimes negotiations stall or just fail altogether. Often times, this occurs due to a litigant’s increasing demands, or what is commonly referred to as the “moving finishline.” In order to avoid this potentially devastating situation, keep in mind the following::
1. Your attorney is on your side and is in the best position to advise you whether your new demands are reasonable.
2. Will you prevail in connection with your new demand if the case goes to trial?
3. Will you spend more money pursuing the new claim in court than the claim is actually worth?
4. Are your new demands based on any new disclosures or information that was previously unknown? If so, this may actually be a valid basis to re-negotiate.
5. Is the new demand worth the time, money and stress of a trial?
Sometimes, the other party will accept last minute demands that are different from terms previously agreed to, but other times, all the negotiations fall apart and the case proceeds to litigation.