Pittsburgh Settlement Attorneys

Family Law Settlement Specialists

Divorces don’t have to be decided in the courtroom. Our experienced team of Pittsburgh family law attorneys understand that when both spouses are provided with a good understanding of the law, accurate information about money and property and a chance to calmly consider the financial and emotional consequences, most divorce cases can be settled outside of court.

While the lawyers of Pollock Begg are always prepared for litigation, we encourage the settlement of divorce cases by helping clients investigate the facts, understand the law and make the right choices for themselves and their families.

What Is the Key to Settling Divorce Cases in Pennsylvania?

Settlement may be a preferable alternative to litigation for spouses who are concerned about privacy or wish to minimize the conflict and expense of going to court. The first key to settling a divorce is getting the right information. At an early stage of the marital separation, it is a good idea to make copies of financial documents, such as tax returns, bank statements, investment documents, retirement benefits, business documents, loan papers and credit card statements. Many of these documents can be obtained through the legal discovery process, but it can be quicker and more cost effective to make copies when you have access.

Can a Divorce Lawyer Be a Fair Negotiator and Also a Fighter in Court?

Divorce lawyers have different roles inside and outside the courtroom. Before tackling disputes in the courtroom, the Pollock Begg team is trained to make every effort to help clients achieve an amicable resolution outside of court. There are many settlement techniques available to assist litigants in avoiding the stress of courtroom litigation. Settlements may be achieved through alternative dispute resolution, face-to-face settlement meetings or by simply engaging in assertive, yet friendly, communications with opposing counsel. Whatever makes the best sense for our client is what we do to settle a Pennsylvania divorce case. If settlement cannot be achieved, then most certainly Pollock Begg lawyers aggressively defend a client’s case in court.

What Happens After Both Sides Have Reached a Settlement?

When divorcing spouses reach an out-of-court settlement, they need a document capturing the terms of their agreement to ensure the deal will be honored. A marital settlement agreement is an agreement to settle some or all of the economic claims arising in a divorce action, such as the division of property, alimony, child support, legal fees or other rights. The Divorce Code of Pennsylvania authorizes the courts to treat marital settlement agreements much like court orders in enforcement proceedings. Most provisions of a marital settlement agreement (other than custody and child support) are presumed to be nonmodifiable unless the agreement provides otherwise. For this reason, it is very important to ensure the marital settlement agreement is complete and accurate.

What Is Full and Fair Disclosure?

Much like a prenuptial agreement, a marital settlement agreement must contain full and fair disclosure of both spouses’ assets, income and debts to be enforceable under Pennsylvania law. This is necessary in order to ensure both parties have given their informed consent to the terms of the agreement and understand what they are giving up and what they are getting by signing the agreement. Full and fair disclosure may be accomplished in a number of ways, such as attaching schedules of assets and their values to the agreement. Valuation of the assets need not be exact, provided the schedule of assets gives a reasonable and accurate picture of the financial resources of both parties.

What Should Be Included in Marital Settlement Agreements?

Settlement agreements can propose resolution to the issues coming before the court at a pending hearing or trial. Settlement agreements also can be negotiated and signed before either party files for divorce. In the latter case, the actual divorce complaint and decree are simply final legal elements to the overall case; the heavy lifting of exchanging information and negotiating the division of assets is all done beforehand. Often this is a more humane way to resolve a marital dissolution, as it eliminates the chance of one of the parties receiving a surprise divorce complaint without knowing what assets or support they will receive.

At Pollock Begg, we believe the best settlement agreements, whether before trial or before the filing of divorce, are negotiated from a position of strength, meaning both sides have as much reliable information and preparation as possible. This allows our attorneys to best advise our clients and settle cases — not because we are not ready for trial, but because we are.

Whether you are preparing for a divorce or have concerns about a settlement you are asked to sign, call the Pittsburgh family lawyers at Pollock Begg at 412.471.9000 to schedule an appointment.