What To Negotiate First?

In a typical family separation or divorce case, there will be a number of issues to be sorted out. When the couple decide to stay out of court and negotiate or mediate their case, the first challenge can be what issue to tackle first.

For example, one of the parents needs to move out of the marital home. But they should not move out until there is some sort of agreement about the time sharing schedule for the kids. But until the both parents know where the new residence will be, they may not want to agree to time-sharing. And until the departing spouse is paid their house equity and their name comes off the mortgage, they cannot purchase a new home. But neither parent can apply for a new mortgage or even pick a rental home until they know what child and spousal support obligations they will have. The time-sharing schedule however will in large part dictate the support amounts. And before the parent "buying" the marital home tries to fund the purchase of the house they need to know what if any asset and debt equalization payment needs to be made, as in some cases it will offset the equalization entirely. And before the asset and debt equalization numbers can be determined the couple often need to get appraisals or expert reports.

Where to start?

Sometimes the parents have no choice but to work with their lawyers or mediator and start with all the issues, then take it one meeting at a time.