Act III: The Agreement or the War
Act III: The Marital Settlement Agreement
Now, listen, California law says divide the community estate in half, so there is no way to get past that. The way to “win” your divorce is to get the 50% that you value most. This is Act III: the Marital Settlement Agreement (or Trial). The MSA is the place where the divorce resolves. You have to wait 6 months to be divorced in California. Truth be told, it take between 6-12 months to get divorced. You should be driving your lawyer to get that time as close to 6 months as possible. This gets the lawyer off you payroll. But, you should be focused on your goals in Act III. You should be telling your lawyer which half you want most after ensuring that your request is possible (that is, a court is unlikely to award you the house and the CalPERS unless there is a lot of other assets) and driving toward that. Egan Law attorneys are trained to listen in settlement conferences first and foremost. We listen because we want to understand what the other side wants most, so we can ensure that we have the leverage we need to get the outcome you want. Learn more…
Drafting the MSA is a key way of protecting you against further litigation. If you have to litigate, litigate once. Get it over with and never deal with it again. This document is your insurance policy against future litigation. Good agreements are durable agreements. The Act III agreement should be done right and fair. This is how you never go back to Court again.
Negotiation is an art best performed when you have leverage. The way to get leverage is strength in Acts I and II and the threat and willingness to put the matter in front of a judge if you do not get what you are entitled to.
Act III: The Trial
Trials are last resorts. They are rarely the experience you think they will be. They are expensive and painful and even when you win everything you ask for, the result can feel hollow. You are going to trial with someone you once loved, airing the grievances that were reserved for the confidence you once had. But, there are times when trial is the only option. It should be the last option after all other options have been exhausted. But, when that has happened and all settlement options are gone, then you have to go to trial. We love trial work. We are trial lawyers. Trial lawyers love not only the rush and hustle of trial, but we are competitive and we love to win not only for our clients, but because we have the instinct to win at trial. Learn more…
When you have exhausted every other option and trial is all that is left, you go with one objective and that is total victory. In the context of settlement, you have the ability to show mercy, to have largesse. At trial, that is all gone. Trial is a time for winning. If you are forced to fight, you fight to win. There is nothing like having experienced trial counsel in your corner. You will be prepared. Witnesses will be prepared. Your evidence will be prepared. The trial briefs will be tightly argued and focused. You will be in the best position for victory if you are forced into a trial.
There is no question that trial is expensive and stressful. It is to be avoided if possible, but if not possible, then you have to bring it. You need experienced counsel to be your warrior and warriors bring not only the biggest sticks but also the wisest strategy. Trial is a tactical battle. It is won on legal argument, briefing, evidence and preparation. Experienced counsel knows when to push and when to hold back. Much of trial happens in the margins of the preparation. We prepare for what might happen, because there are different ways a trial can go. We ensure that you are prepared for any possibility at trial to put you in the best position to get what you want.
Again, trial is not the goal. But if trial is the only option then, by God, ensure that you are in a position to win. I don’t even want to write in here what a trial can cost, but in full transparency, a divorce trial can be $10,000 per day with preparation time built in. A divorce trial can take 3-5 days. For most people, $30,000 to $50,000 is an astronomical amount of money, not to mention the stress. If you have to go to trial, go with experienced counsel.
Get Help Early
Contact Egan Law at the earliest stage of your divorce that you can. If it’s already Act III, we can help. Get a copy of Jude’s book and invest the 10-12 hours it will take to read it. It will save you tens of thousands of dollars. Meet with experienced counsel who can provide wise counsel from the beginning. You need a strategy and positioning with the court so that you have leverage to get what you want in negotiations. If negotiations break down then you have prepared, fact-driven counsel ready for battle.
Your Budget Matters.
Your budget is an important piece of this. Our retainers are not cheap. You already know that. This is an expense that no one wants to have. But, when things are necessary, they are necessary. You know that too. We can work with you a variety of ways to ease the “sticker shock.” We have some payment plan options that you can use to get moving along. The family law provides some means of ensuring lawyers get paid so that you have the best representation. There is too much at stake to risk it with inexperienced counsel and especially with counsel who does not have your interests in mind at all times. Make sure you have counsel who cares about you and your goals, your assets, your family, your story.
Free Book Offer!
We will send you a copy of Jude’s new book Better Divorce: A Handbook for Getting through the Most Difficult Time in Your Life. Make an appointment. You owe it to your children and yourself.