Many higher-end divorces in Allegheny County resolve without protracted litigation when both sides negotiate from a complete, expertly valued picture of the marital estate. Over time, that informed settlement work has grown into a practice area of its own at our firm, sitting between courtroom litigation on one side and mediation and collaborative divorce on the other.
Three paths to a divorce agreement
Litigation places the timetable and the final word with the court. Discovery, motions, conferences before a divorce hearing officer, and sometimes a trial carry the case forward, and each step adds cost and time.
Mediation and collaborative divorce move the conversation out of court. A neutral mediator guides both spouses toward agreement, while the collaborative process brings the spouses and their attorneys to one table under a commitment to stay out of court. Our firm practices each of them, and for the right families they work well.
Informed negotiated settlement takes a third course. Each spouse keeps an independent advocate, and the marital estate is built to the standard a court would demand. Counsel then negotiate a complete agreement from those numbers, and neither side gives up the option of going to court.
What makes a settlement informed
The work begins at retention. Depending on the marital estate, we engage home appraisers, business valuators, and specialists who trace premarital property and calculate any increase in its value during the marriage.
With those figures in hand, we assemble the marital estate to Inventory and Appraisement standard before any offer goes out. The result is a drafted marital settlement agreement that resolves every economic issue, often with custody settled alongside it, presented to the other side as a complete proposal.
Marital estates in this work commonly include retirement accounts and pensions, investment accounts, executive compensation, closely held businesses, and real property. A missed pension or an unvalued business interest can shift a settlement by hundreds of thousands of dollars, and expert involvement from the start keeps those gaps out of the agreement.
Easier, though seldom easy
Informed settlement is neither simple nor inexpensive. Expert fees and early preparation front-load the cost, and the negotiation itself can be demanding. Compared with litigation that runs through discovery disputes, hearing officer proceedings, and trial, the total cost is usually lower, and the process asks far less of the spouses and their children.
Private negotiation also lets the spouses shape the final terms themselves. Families who value discretion, and who want to protect what they have built for their children, often find that worth the early investment.
Why a litigator chooses this path
Our firm enjoys the courtroom, and we try cases when they need it. Trial experience is what gives informed settlement its strength. Opposing counsel know that a proposal built on expert valuations will hold up before a hearing officer, and offers made from that footing tend to be taken seriously.
Choosing settlement takes nothing off the table. Because the marital estate is already compiled, a case that fails to resolve moves into litigation with its evidence ready and no need to start over.
When this approach fits
Informed settlement works best when both spouses will exchange complete financial information and want the case resolved on its merits. It suits marital estates from the mid six figures into the millions, and it suits families who want their resources directed toward the years ahead.
Some cases call for a different path. A spouse who contests every issue or withholds documents will push any case toward court. Cases involving abuse are never mediated, yet they can often be negotiated, since each spouse keeps an advocate and neither has to sit across a table from the other.
Where to begin
The first step is a Strategy Session, where we review the marital estate in overview and outline a plan for reaching settlement. Our page on out-of-court divorce settlement explains the process in more detail, and our comparison of negotiated settlement, mediation, and collaborative divorce sets the three side by side.
Which Path Fits Your Family?
Mediation, collaborative divorce, and negotiated settlement are all practiced here. A Strategy Session is where the fit is identified and the plan is built. Scott Levine handles every matter personally.
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