Evaluating Your Case for Settlement

Once you and your spouse have completed your Preliminary Declarations of Disclosure and served them on each other, you should evaluate your case for possible settlement.  This is where you learn what community assets and obligations exist, along the values for each. You will also learn your spouse's position with respect to the separate and community nature of the assets and obligations.

In reviewing your spouse's Disclosure, make certain he or she has provided all of the information requested and attached appropriate supporting documentation. For instance, disclosure of banking accounts requires providing the branch name and address, account number, and current balance of the account. This statement should be accompanied by a copy of the most recent monthly statement of account, as well as the monthly statement for the month of separation. You should make a list of anything that you think has been omitted.

Next review your spouse's Declaration and check the claimed values of the assets and balances due on debt. Make a note not just of those values and balances that differ significantly from your own, but also note where you substantially agree on values and balances. The more you agree, the closer you are to settlement.

Then make a note of any assets and debts listed that are not supported by documentation. Such as a credit card obligation in a disclosure for which a corresponding statement has not been attached, or a bank account without a supporting monthly statement. If you do not have your own copy of the missing documents and are unable to obtain them yourself, you should insist your spouse provide them. The purpose here is to learn the basis of the other party's claims with regard to the values of property, the balances due on debts, and the basis for community or separate characterization of the asset and debts.

Remember, if you are represented by counsel, he or she is doing this for you. But you should be involved in the process and aware of all of the details. This stage of the dissolution process is often the most difficult and where most of the time is spent. It's where you learn how close or how far you and your spouse are from settlement.

It's also much too complicated to cover in one posting. I will discuss it in more detail later. My point here is that this is the first real opportunity you have to learn the other party's position on the property and debts, and on what issues you are likely to agree or disagree. You also should acquire sufficient documentation on the various assets and debts for which you did not previously have documentation with which you can verify values and gauge whether your own figures are accurate.

Check back in a few days to read more about evaluating your case for settlement, how assets and debts are divided, and making a settlement offer.