The United States has the sixth-highest divorce rate, with about 50% of married couples divorcing. Nobody plans for a divorce settlement when they get married. However, understanding how to handle a divorce if it occurs is crucial.
The divorce settlement is one of the biggest obstacles to parting ways with your soon-to-be ex-spouse. It’s crucial to gain as much knowledge as possible about bargaining a divorce settlement with your spouse. To avoid mistakes and stress, employ the services of divorce lawyers.
Seeking the Assistance of Divorce Lawyers
Considering separation or divorce is a serious decision that shouldn’t be made hastily. There are many factors to take into account. One of the most crucial choices you will have to make is hiring a qualified divorce attorney.
There are several qualified divorce lawyers in Orange County and every other part of the State. Experienced divorce lawyers will seek the best settlement for you and your children. In addition, they’ll help you compile all the necessary documents and evidence needed. Below are other duties a divorce lawyer will help with.
Property Division
The primary asset in many divorces is the family home. A competent divorce lawyer can ensure that these assets are fairly divided between you and your soon-to-be ex-spouse.
Child Custody and Support
Custody and support can be very important issues in divorce cases where children are involved. A competent divorce attorney, also known as a child custody lawyer, will ensure that the child custody agreement is in the child’s best interests. Furthermore, they will ensure that the child support payments are reasonable.
Understanding how to make a deal with your spouse in a divorce is crucial. However, you should be able to negotiate even if you have a lawyer. This is because the jury or your spouse’s divorce attorney may question you.
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How to Negotiate a Divorce Settlement with Your Spouse?
Put Your Interests Before Positions
Positions and interests drive every divorce. In the context of divorce, a position represents the legal outcome that a spouse seeks. While an interest represents the worries and intentions that cause a spouse to stake out a specific position.
A position could be that you won’t give your ex-spouse any alimony above $1,500 per month. Your spouse might protest that they won’t agree to a settlement for alimony that is less than $2,500 per month. This can lead to conflict. Therefore, you and your spouse won’t be able to reach an agreement on alimony or spousal support. It also has the potential to turn your divorce into a prolonged dispute.
Your interest can be that you manage the situation reasonably and don’t blow your budget. This may serve as the foundation for your position on the issue. Making sure that your spouse can continue to pay the rent and the utilities while they complete their degree may be in your spouse’s best interests.
These two objectives may sync up. However, you should think clearly and come up with more original solutions during the negotiation process. This will be made possible by looking at the issue from the standpoint of interests.
During divorce settlement or divorce negotiations, remove yourself from positional bargaining. Instead, concentrate on the primary interest you’re trying to satisfy.
Divorce but Don’t Destroy your Relationship With Your Ex-Spouse
While in a divorce negotiation, keeping a solid relationship with the other party is highly recommended. This is important when you’ve got kids. Your soon-to-be ex-spouse will continue to be the child’s parent.
You’ll need to create a parenting plan and co-parent your kids. It rarely works out well for either party to destroy that relationship during divorce settlement and negotiations.
Allowing your divorce to have a negative impact on your child’s mind is the last thing you want. It is possible to get a divorce and still have your child feel like they have two parents.
Will a claim for child or spousal support and legal custody be made? If so, you will need to cooperate with the other party in the future to discuss and determine spousal support or child support.
Avoid Hard Bargaining
Hard bargaining sounds exciting, and it can be a good strategy if the circumstances are right. But if two parties engage in a hard bargain, the negotiations for a divorce will come to a standstill. As a result, there will be no resolution in sight.
Hard bargaining strategy can result in a breakdown of divorce settlement and negotiations. It occasionally works in divorce cases where the other party is more passive and more willing to give ground. Though, avoid using a hard negotiating strategy when going through your divorce.
Take Control of Your Own Emotions by Employing the Best of Divorce Lawyers
Most people seek the advice of a divorce lawyer when their marriage breaks down. They do employ these divorce lawyers to remain composed and act in their best interests. Lawyers who specialize in divorce and family law expertly guide their clients through this upsetting time. They are experts at saving their clients’ money and improving divorce settlement terms.
Divorce lawyers devote a significant portion of their day to research, evidence gathering, document drafting, and court filing. Some of the documents divorce lawyers review are:
- A client’s prior tax returns
- Net worth statements
- Retirement plan summaries
- Prenuptial agreements
- Real estate tax bills
- Health insurance information
- Stocks, bonds, and brokerage accounts
In front of judges and at settlement conferences, they counsel and represent their clients. You may tend to become overly emotional as a result of your situation. That’s why you should hire a divorce lawyer to represent your interests while you maintain your mental health and a good relationship with your soon-to-be ex-spouse.
It’s crucial that you maintain emotional control throughout the divorce process. Put on your “blank face” for this.
Often, you don’t want the other person to see your vulnerable side because that will reveal what your trigger is. Not to mention that occasionally losing emotional control can result in a breakdown. A breakdown during divorce settlement negotiations can increase costs and time.
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Summary
Instead of you and your spouse trying to negotiate on your own, involve a family law lawyer to help you. The main goal is to achieve your interest. Focus on this interest and avoid unnecessary quarrels.
Keeping a good relationship with your ex-spouse will be of help to you in the future. Make sure that your child or children experience the least effects of your divorce so that they remain positive and hopeful of their future with their parents.
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