Settling a divorce or family law matter is rarely easy. Many think that resolutions can come with speed or ease. Sometimes that can happen. But it is not always the case.
However, once a divorce or family law matter settles, there is often a question about who is going to draft the settlement paperwork. Does the attorney for the petitioner or respondent draft the paperwork? Do they divide the settlement paperwork in half, with the attorney for one party drafting part of the settlement paperwork and the attorney for the other party drafting the other half?
With a divorce, there is often a lot of paperwork, including the divorce decree, marital settlement and separation agreement, parenting plan/custody schedule, and child support calculations. To complicate matters, the guardian ad litem may draft the parenting plan or custody schedule for the minor children. In this instance, there are three lawyers drafting portions of the settlement paperwork.
Does It Matter Who Drafts the Settlement Paperwork?
In hearing this, many wonder whether it matters who drafts the settlement paperwork in a divorce or family law matter. Ultimately, if there is an agreement on the terms without ambiguities, it likely does not matter who drafts the settlement paperwork from a substantive sense.
However, with three lawyers drafting the settlement paperwork, it can often slow down the process of ending the case. Some lawyers can be quicker about drafting their portion of the settlement paperwork. Other lawyers may be slower.
Lawyers will also want to review the portion of the settlement paperwork that another lawyer has drafted before presenting it to their client. When that occurs, there may be revisions that are necessary. Once revisions come into play, the process can slow down even more.
Cost is another part of the equation. If one lawyer drafts all the settlement paperwork, it will cause the party paying that lawyer to incur more of the fees. But if an individual wants the case down as quickly as possible, it may make sense to simply have their lawyer draft everything if their lawyer can do it quickly, and the other attorney and guardian ad litem will agree.
Speed Is Normally Important With Settlement Paperwork
No matter who drafts the settlement paperwork, speed is another important factor to consider. The longer it takes for the settlement paperwork to be drafted, the more negative consequences can occur in a divorce or family law matter. For example, parties can sometimes change their mind. New disputes can also arise that can result in parties having to address these issues in the settlement paperwork. Thus, regardless of who drafts the settlement paperwork, it is essential to have it prepared expeditiously in most cases.
