3 Things to Consider When Negotiating a Divorce Settlement

Monday, November 26, 2018

 3 Things to Consider When Negotiating a Divorce Settlement

A common misconception about divorce is that to complete your case, you must go through a stressful and dramatic trial. While the process can be anxiety provoking and tense, in truth, most divorce cases settle without the parties having to set foot in a courtroom. With settlement being the norm, it's essential to handle negotiations carefully so that you can achieve a fair result. Here are 3 things to consider when negotiating a divorce settlement:

Have Realistic Expectations

During divorce, both sides can have intense feelings towards one another which can make reaching logical discussions difficult. These emotions could be due to something as devastating as an affair or cruel treatment or years of resentment about several perceived injustices committed by the other person. When you are under the stress of divorce and have such strong feelings, it can be tempting to demand most of the marital assets or exclusive custody of your children. However, despite your belief, these results may not be equitable or realistic. Having an experienced family law attorney in this situation is critical as they can evaluate your case from a neutral perspective and give you reasoned advice about what you can realistically request and expect to happen.

Think in the Long-Term

While you may be angry today and cannot foresee a time when you can stand to see your former partner, one day your divorce will end, and you will be left to move on with your life. What condition you will be in after everything is said and done, is up to you. You can choose to drag this process out for years arguing about various details and racking up legal bills or, with the advice of counsel, make reasonable decisions. While you should not rush through negotiations, you should not remain in them just for the sake of punishing your former partner. No amount of fighting can make up for the years you have lost but staying in conflict only to get back at one another can be detrimental to your future and long-term well-being.

Be Patient with the Process

In simple cases involving amicable parties, the couple may be able to come agreements quickly and without issue. However, in other situations, it is going to take several rounds of negotiations before the two sides can come to an agreement everyone can live with. A seemingly inequitable initial offer from your former partner may seem insulting and cause you to want to respond in kind. Just remember, negotiations happen in stages, and with your attorney's assistance, you will be able to develop a productive counteroffer. In time, you and your former partner can go back and forth and ultimately find a settlement agreement which is fair.

If you are considering filing for divorce, it is critical that you consult with an experienced family law attorney who can help you through settlement negotiations. At the Draper Law Firm, we have experienced divorce attorneys who are ready to assist you. To learn more, contact us today online or call (866) 767-4711. We proudly serve the greater Central Florida area with offices located in Kissimmee, Orlando, and St. Cloud.

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