The traditional approach to settling divorce cases involves the lawyers sending correspondence back and forth or talking on the phone. The parties also talk directly about settlement, if they can. The traditional approach works fairly well when the issues between the parties are relatively simply and where the parties are largely in agreement. It also helps a lot if the parties are both reasonable people who are calm and who can talk to each other.
Most divorce lawyers are adept at negotiating and can help keep the negotiations on track. But several problems frequently crop up that often prevent settlement. First, the parties often cannot talk to each other effectively. That's why they are getting a divorce in the first place. They are often angry and bitter at one another and may be using settlement negotiations to continue the conflicts that ruined the marriage. If the issues are complicated or the parties are far apart it can be very difficult to reach settlement.
Second, many divorce lawyers prefer to litigate cases. That's what they are trained to do at law school and that's what their office is set up for. Litigation also requires a lot more work from the lawyer and therefore pays better. Even today I encounter lawyers who put very little effort into settling cases and litigate most of their cases. Once in court, the parties are placed in an adversarial posture toward one another. Since divorcing couples have frequently been fighting and arguing for years a court battle seems like a natural continuation.
Complicated issues are difficult to resolve using the traditional method.
Lee S. Ashmore is a Maryland divorce lawyer who handles family law matters, including divorce, child custody, visitation, child support, alimony, property division, adoption, guardianship, separation agreements, domestic violence, paternity, contempt, and collections in Howard County, Maryland, Columbia, Maryland, Ellicott City, Maryland, Elkridge, Maryland, Savage, Maryland, Clarksville, Maryland, Glenelg, Maryland, West Friendship, Maryland, Glenwood, Maryland, Highland, Maryland, Marriottsville, Maryland, Woodstock, Maryland, Anne Arundel County, Maryland, Laurel, Maryland, Jessup, Maryland, Glen Burnie, Maryland, Annapolis, Maryland, Fort Meade, Maryland, Crofton, Maryland, Beltsville, Maryland, Baltimore County, Maryland, Catonsville, Maryland, Montgomery County, Maryland, Silver Spring, Maryland, Olney, Maryland, Burtonsville, Maryland, Prince George's County, Maryland, College Park, Maryland, Bowie, Maryland, through litigation, negotiation, mediation, and collaborative law.