Divorce Attorneys, General Negligence Claims

General negligence claims frequently arise from accidents occurring in automobiles, homes, business premises, and landlord leases. Divorce attorneys should advise clients of the effect of the termination of marriage upon these claims, whether owed or potentially collected. If values are significant, special steps must be taken.

How divorce attorneys resolve claims

Questions frequently arise over disputed negligence claims between multiple parties before the court approves a final decree. Generally, joint liability for negligence of spouses for payment of settlements or verdicts is not affected, nor joint entitlement to receive damages. Divorce attorneys however routinely negotiate agreed settlements and division of proceeds between spouses, pertaining to damages, settlements and potential verdicts from negligent acts  that may be collected or paid in the future.

Claims which depend on multiple defendants should always be addressed in the final decree, especially agreements regarding partial settlements and authority. The agreements set for the relationships, rights, titles and duties between spouses, and usually provide a power of attorney regarding partial settlements of claims (against one defendant only) Terms used in settlement agreements also impact the damage classification, and as a result, property issues between spouses.