Couples that decide to separate amicably generally start out with the best of intentions. They think they have it all figured out, and sometimes, they do. Unfortunately, more often than not, cracks begin to show as they get to the nitty gritty of a settlement discussion.
For example, couples say, we’re going to share custody and have shared visitation. Perfect. Then the questions from their attorney’s start such as, “How are we going to handle the child’s birthday?” Crack. “Okay, so we will alternate Christmas morning?” Crack. “School Breaks?” Crack.
The devil is in the details. What I like telling clients is, we are going to decide on these items and put them all in writing, even though you both think you’ll be able to handle between each other. We do this to be a guide for you and your soon to be ex-spouse. We will add language that provides for you and your spouse to agree to any other type of visitation that you want, and after its signed, you can feel free to shove it in a drawer and never look at it again. In fact, I genuinely hope they won’t need to look at it. I hope that parents’ communication is flawless and they are able to agree on everything. But when they can’t, they have an agreement we painstaking spent time detailing so that they can simply default to something they maybe already argued over, and argue no more.