Top Reasons Divorce Negotiations Breakdown

As we previously discussed, it is very common for negotiations to break down. Even "unconcontested" divorces often have a few kinks to work out before everything is finalized and filed. Here are several reasons that negotiations breakdown:

- Desire to Punish. Sometimes settling a divorce case, especially when one party may be more "at fault" than another, can feel like letting the bad guy off the hook. In these cases, as a settlement is imminent, the aggrieved spouse may feel that they are letting their spouse off too easy and walk away from the table.

- Fear. Fear of change. Fear of a different future. Fear can be a powerful motivator to act. For better or worse the divorce process is the last act that a couple will do as husband and wife - and once it's over, so is the relationship. Fear of the unknown can keep a party fighting to avoid confronting the scary new reality of starting your life anew post-marriage.

- The Parties Are In Different Places Emotionally.  Some of the most difficult divorces, and frequently the nastiest, are the ones where one person began to emotionally withdraw and prepare for separation for an extended period leading up to a divorce, but kept these feelings to themselves, and the other person is blindsided when their spouse tells them they want out. The person wanting out has already made up their mind and is ready to exit the marriage, while the blindsided spouse is trying to regain their wits amidst a divorce proceeding that they didn't want or weren't prepared for.

- Emotions Rule. Divorce is an emotional life-changing event. It can be very difficult to think about separating marital assets when one is still grieving the end of their marriage. Thinking rationally or logically about one's long-term financial and familial best interests is hard when struggling with the pain of a failed relationship.

- Opposing Counsel. Some lawyers like to be bombastic and confrontational, thinking that such showmanship will win them favor with their clients as they run up the meter through unproductive posturing and antics. No matter how hard your attorney works to be as efficient and time-sensitive with your case as possible, opposing counsel can make such goals a lot more difficult to accomplish.

Jonathan T. Day, Esq. is a Divorce & Family Law attorney serving the Jackson, MS metro-area. You can reach him at (601)-707-8953 or jtd@jonathantday.com.