Archives: Settlement

Here are some ideas — some tried and tested and some not — which might break the impasse when all else has failed to reach a settlement in a divorce.

Large cases are generally easier to settle than smaller ones. For one, both sides have a lot to lose. Fear can do wonders to promote compromise.

There is a common myth that kids want their parents to stay together or get back together. In reality, what kids want, more than anything else, is peace.

Unfortunately, sometimes raw emotions control common sense. The result is unfortunate for both parties – and even worse for the children who are innocent victims.

“Getting it right” meant ruling that only gifts and inheritances, whenever received, are exempt.

Too often, white collar criminals get off with probation and restitution under the theory that if they go to jail, the victims will not be recompensed.

While Texas has a statute requiring courts to accept settlement agreements, which Wisconsin does not, I was most impressed with the language of the decision recognizing the harm caused to children by litigation. Yet Wisconsin courts have consistently refused to recognize this harm.

The skill in lawyering is knowing when to be aggressive – and when not to be.

My friend Sandy Swartzberg and I thought it might be interesting to co-write an article on the business divorce.

While prenuptial agreements must have some semblance of “fairness,” there’s no definition provided of what that term means.