Reasons you should send a Settlement Offer

Most parties’ desire settling a divorce or family law.  Trials are expensive and the results of the case is in the hands of one family court judge.  Reasonable parties do not want to put their lives and the lives of their children if they try their case in the hands of one judge.

However, to settle a divorce or family law matter; it usually takes one part to take the first step to settle the case.  At least one person has to extend the olive branch first which means usually requires someone to mention the topic of settlement.

Settlement negotiations will begin when one part sends a settlement offer through their attorneys to the other attorney on the other side.  Initial settlement offers do not always result in a settlement, but it can open the door to more negotiations.

A perception is if somebody issues the first settlement offer they appear to be weak.  In other cases, where the positions are far apart, some fear sending a settlement offer is futile.  Even though every case is different and calls for an individual analysis. Thus, anybody who is going through a divorce or family law matter should discuss their situation with a lawyer who is licensed and competent to practice in their jurisdiction.

In reality, sending a settlement offer does not ordinarily signal weakness.  Instead, it shows that a party is willing to be reasonable to reach a constructive resolution to the case.  It also indicates that the part is ready to put the kids and family first and show some humility.

Even judges want parties to attempt to settle before they hear a trail in a divorce or family law matter.  Judges will have concerns if the parties have not made an attempt.  While settlement negotiations are almost always inadmissible at trial, it is difficult to discount the possibility that a judge could hold it against a part if they did not even attempt a meaningful settlement negotiation. 

For most parties, it does make sense to issue a settlement offer, but it is vital to have enough information about the finances and case itself.  A qualified attorney through formal or informal discovery will obtain tax returns and statements regarding all marital property and debt.  Parties may need to hire experts to value marital property like real estate, stock options and business interests.  Both parties will also need the school and medical records regarding the children.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

 

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

 

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, Best Lawyers, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.