Property Division/Martin Rosenfeld, JD

Posted on October 29, 2014


An article appeared recently at entitled “Dividing Stuff”, by Dr. Lynne Halem. It contains some good tips on how to properly divide property in a divorce settlement. In my own experience, however, I have found that most couples can divide property without too much effort. I can get them into the spirit of negotiation by simply telling them that I believe they can reach an agreement on their own. They do not need my efforts, is my message to them. It works because I am empowering my clients. If I tell them they are likely to find a solution on their own, they have a confidence that there is no mystique to this process. They can simply do it.

Tell a child they cannot do something and you may very well create a self-fulfilling prophecy. Tell them they can succeed at what they want if they make the effort, you are likely to get a very different result. The child is the parent of man. As a mediator, we need to spend more time telling the couple what they can do then we spend telling them what they cannot do.