Collaborative Divorce Decision Making Model

Collaborative divorce lawyers often utilize the decision making model to assist parties in evaluating and ultimately making decisions regarding their divorce. This model is useful in making any decisions. The framework below is used as an example of what to consider and how to make a decision using the marital residence as an example.

This illustration was used in a continuing education presentation for the bar association explaining process and benefits of collaborative dissolution.

Decision Making Model

1. Identify Interest –
2. Obtain Information
3. Identify Options
4. Identify Consequences
5. Compromise

HOUSE EXAMPLE

1. Interests
   1. Each wants to keep it
   2. Keep kids in school
   3. Consistency for children
   4. Equality of division of asset value
2. Information
   1. Can either/both afford to keep
   2. Can they afford to buy out other’s interest
      1. Party not keeping wants a home too
   3. Qualify for loan? New interest rate? New mortgage payment?
   4. What is the market value?
      1. Agreed value?
      2. Appraisal?
   5. Timeline
      1. When is other party moving out?
      2. Do they need financing?
   6. Options
      1. Husband keeps, Wife keeps, Sell
      2. Refinance?
         1. Time
      3. List with realtor? Sale by owners?
   7. Consequences
      1. What if realtor number not agreeable? (high/low)
      2. What if rates change?
      3. Sale… How to get agreement on sale price if offer forthcoming
         1. Sometimes person in house wants to wait for higher b/c nowhere to go
         2. Sometimes person in house wants to sell asap b/c covering mortgage

• Each may have different interests in holding out v. selling lower than expected

5. Compromise
   1. Maybe sell and put range to accept (not in agreement but in Collab minutes)
   2. Husband can refinance and will give Wife 90 days to move out
   3. Wife gets to take kids bedrooms and whatever furniture she wants
   4. Husband pays for Wife’s movers

These are only some of the issues regarding how to deal with a house/marital residence. If you want more information or need to retain counsel, contact Michael Bouldin by calling 859-581-6453, email [email protected] or use this CONTACT FORM.