What Is Good Faith Negotiation
Good faith negotiation is a legal obligation to make a genuine, reasonable effort to reach settlement on disputed issues in your divorce. Both parties must disclose financial information honestly, respond to settlement proposals within reasonable timeframes, and avoid tactics designed solely to obstruct progress. Courts in most states treat good faith negotiation as a prerequisite to trial, meaning judges expect you to attempt settlement before spending resources on litigation.
Legal Requirements Across States
Good faith negotiation requirements vary by jurisdiction. California requires parties to declare under penalty of perjury that they have attempted to resolve disputes before certain court hearings. New York mandates that attorneys certify they have discussed settlement possibilities with opposing counsel. Florida requires a mandatory 20-day waiting period after filing for dissolution of marriage, during which parties are expected to negotiate. Most states expect parties to participate in mediation before trial, which is an enforced good faith process.
If a judge determines one party negotiated in bad faith, you may face sanctions, including attorney fee awards to the other side or delays in your case proceeding to trial.
Application to Custody, Support, and Property Division
Good faith negotiation applies across all major divorce issues:
- Custody and parenting time: Both parents must genuinely consider shared custody arrangements and respond to proposals about schedules, holidays, and decision-making authority. Refusing to discuss reasonable parenting plans without justification signals bad faith.
- Property division: Complete financial disclosure is mandatory. Hiding assets, underreporting income, or refusing reasonable settlement ranges on major assets violates good faith obligations. Average divorce cases involve disclosure of 15 to 25 financial documents per party.
- Spousal support: Each party must provide accurate income information and consider the other's circumstances. Rejecting settlement offers without explanation or demanding terms grossly misaligned with state guidelines suggests bad faith conduct.
What Good Faith Negotiation Requires in Practice
- Exchange complete financial disclosures including tax returns, pay stubs, and asset statements within court deadlines.
- Respond to written settlement proposals within 10 to 15 business days.
- Participate meaningfully in mediation sessions, not as a formality but with decision-makers present and authority to negotiate.
- Provide reasonable explanations if you reject a settlement proposal, particularly one within or near state guidelines for support or division.
- Work with your attorney to identify your priorities and realistic settlement ranges before formal negotiations begin.
- Avoid making demands you know are impossible or designed primarily to frustrate settlement discussions.
Common Questions
- Does good faith negotiation mean I have to accept the first offer? No. You can reject offers and make counteroffers. Good faith means engaging genuinely in back-and-forth discussions and explaining your position, not simply saying "no" to every proposal.
- What happens if my spouse refuses to negotiate in good faith? Document the refusal. Your attorney can file a motion with the court, requesting the judge impose sanctions such as requiring the other party to pay your attorney fees or compelling participation in mediation.
- Can I use settlement negotiations as evidence against me at trial? Generally, no. Most states have rules protecting settlement communications from being introduced as evidence, encouraging open discussion without fear of admissions being used later.
Related Concepts
- Settlement Agreement - The formal contract resulting from successful good faith negotiation.
- Mediation - A structured good faith process overseen by a neutral third party.