What Does It Mean to “Negotiate in Bad Faith” During an Uncontested Atlanta Divorce?
Private negotiations are central to uncontested divorces in Atlanta, often taking the form of mediated discussions. During these private discussions, spouses may “negotiate in bad faith.” What does this phrase mean? Why is it important? What can you do if you are accused of this, and how should you react if you face this type of misconduct from your ex? These are all valid questions you can raise with an Atlanta divorce lawyer.
The Legal Definition of “Bad Faith”
According to the Legal Information Institute, the legal definition of “bad faith” involves general dishonesty, fraud, untrustworthiness, unfair dealing standards, and a breach of obligation. One might exhibit bad faith when fulfilling contractual obligations. However, one can also negotiate in bad faith, and this misconduct has a slightly different meaning.
When it comes to negotiations, “bad faith” generally refers to deception. Specifically, those who negotiate in bad faith pretend to be working toward a favorable settlement but in fact have no intention of actually doing so.
What Does Negotiating in Bad Faith Look Like During an Uncontested Divorce?
Negotiating in bad faith could manifest in different ways during an uncontested divorce. Some spouses pretend to be willing to work toward a favorable settlement, falsely giving the impression that they want a solution that serves everyone’s best interests. In reality, they may be resentful and bitter about the divorce – and they plan to waste everyone’s time.
They may also plan to cause unnecessary expenses. While mediation and collaborative law may be cheaper than litigation, this is only true if the process succeeds. If negotiations fail, spouses must proceed to litigation – having wasted unnecessary time and money on a process that was never going to succeed in the first place.
Spouses Often Promise Not to Negotiate in Bad Faith Before ADR Begins
Most mediation and collaborative law processes require spouses to sign agreements before negotiations begin. These agreements may involve a promise to negotiate in good faith. It might be a good idea to put this promise in writing, and spouses may also want to enforce financial penalties for those who go back on their promises.
Be Realistic About the Potential Success of an Uncontested Divorce
If you suspect your spouse might be the type of person to negotiate in bad faith, it is important to be realistic about your chances of resolving your divorce behind closed doors. It may make more sense to head straight to litigation and avoid wasting your time and money. Of course, it is often impossible to predict how a spouse will react to the emotional turbulence of a divorce.
Can an Atlanta Uncontested Divorce Lawyer Help Me?
An uncontested divorce lawyer in Atlanta may be able to help if you face a spouse who is negotiating in bad faith. Alternatively, a lawyer might offer assistance to a spouse accused of negotiating in bad faith. Whatever the case may be, this issue could alter the trajectory of your divorce – and you should take it seriously. Discuss the next potential steps with Buckhead Family Law today.
Source:
law.cornell.edu/wex/bad_faith
