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Negotiating a Divorce Settlement – Tips from a Lawyer

January 4, 2018by admin

It is vital to hire a lawyer for divorce processes and to ensure that the other spouse provides the necessary settlement when the two have enough money to ensure that both spouses can live a better-quality life even after the marriage is over. A lawyer can provide various tips in ensuring that the settlement offers the necessary funding.

Seek Negotiations

One primary tip is to seek to negotiate the settlement with the ex-spouse before the problem erupts into arguments and conflict. An amicable divorce is the best way to seek peaceful negotiations between the two parties. It is possible to settle things with open discussion and meetings where there are fewer parties interrupting or causing problems such as in a courtroom setting. The more formal the process, the less likely both spouse will get to say and hear what is necessary. The lawyer can act as an advisor in these situations. Rather than keeping the fight going, it is important to settle emotions and work through things
logically.

Understand the Situation

Before it is possible to settle a divorce, both parties must understand the situation fully. This usually requires a review of finances, assets and debts and what property is marital and which items are individual. Before starting an argument, each spouse must know what is available and how much money exists between the two. Negotiations cannot truly begin until this information is in hand and assessed fully. Some spouses are not aware of what the couple owns as marital property or that other items exist in the marriage such as houses, businesses or large purchases.

Rights and Responsibilities

It is vital that each parent knows that rights he or she has during the divorce negotiations. Another important factor that can play into custody and visitation is that of responsibilities for each person with the children. During the separation, each spouse has a responsibility to ensure the well-being of children. This or any lack of care can lead to problems during the divorce process. A judge may not grant custody to the person that leaves the house if he or she does not visit the children or take care of all the standard responsibilities that this person has with the children during the time apart.

Needs and Wants

When the spouses enter into the divorce process, it is crucial to know what each person wants and what he or she needs. This is important when negotiations arise. Without knowing what he or she wants, the individual cannot properly negotiate anything. What is fair does not necessarily play into this as many divorces end without appropriately settling matters between the spouses. But if the person does not know what he or she wants, this can also negatively affect the divorce settlement. The lawyer can only work with what the spouse understands and knows. Without any goals in mind, this process can end unsuccessfully.

Knowing the Best and Worst Agreement Options

When spouses start to negotiate a settlement in a divorce process, it is important to know what the best and worst outcome is. Working with this information, each person can resolve to compromise and seek the middle ground or attempt to aggressively seek only the best for each party. The best and worst things that can occur within the settlement are possible outcomes, and the individual seeking to acquire the most in custody or support may lose if he or she does not understand what it means to lack negotiating skills.

Keep Emotions Away from the Settlement

One way to lose a settlement with the other spouse is to become emotional or irrational. This can cause the case to stop moving forward and end in disaster. Battles and arguments are possible in litigation, but when seeking to conclude divorce in a settlement, it is important to remain calm and peaceful. Hiring a lawyer is a good way to keep the spouse’s emotions away from the case. The legal professional can communicate the needs of the client without causing arguments because of emotional outbursts. It is also important to follow the advice of the lawyer and seek to conclude the settlement.

The Lawyer in Negotiating a Divorce

Settling the divorce by following the lawyer’s tips is important. By hiring a lawyer to take care of the primary concerns and working with the professional through these issues, the client can increase the possibility of a successful outcome. The lawyer can give advice and assess the case elements to help the client understand how to proceed.

Source: HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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