Divorce negotiations

BLOG

Divorce negotiations

People sitting at a table with documentsNegotiating a divorce settlement is arguably the most important aspect of the divorce process. In order to reach a divorce settlement proposal, you will want to focus on your divorce negotiation strategy.  How you approach your divorce negotiations will be critical in determining how successful you will be at settling your divorce without having to proceed to trial. Both parties have to be open to making concessions and reaching a settlement to work toward dissolving a divorce. Settlement should be the objective of both parties if divorce negotiation is going to be successful.

How do I ensure that my needs and interests are represented in the negotiation?

To ensure that your needs and interests are best represented in the negotiation, hire an attorney to protect your rights and advocate for you, at a time when you may not be able to do so effectively on your own.

How do I work with my attorney to achieve a favorable outcome?

In order to effectively negotiate your divorce settlement you have to be sure to come prepared. Gather all of the information that you need ahead of time. You cannot effectively engage in the divorce negotiation process, unless you have all of the pertinent information to ensure that you are able to make informed decisions. It is necessary to understand the goals and objectives of each party so that collectively you can work toward settling the divorce on terms that are acceptable to both parties.

How do I handle disputes or conflicts that arise during the negotiation?

One potential approach when people cannot reach a resolution on a significant issue is to first address the issues that can more easily be resolved. By doing so, people often feel that they have been successful, and may be more open to making concessions to resolve the more difficult issues.

What role does mediation or other alternative dispute resolution methods play in divorce negotiations?

In addition to the attorneys working directly to negotiate a settlement, people routinely utilize alternatives to dispute resolution methods such as mediation and arbitration.  People divorcing in New Jersey more often than not meet with a mediator at some point in the process to attempt to resolve their differences, without seeking judicial intervention.

How do I know when to compromise and stand firm on answers and issues?

There may be circumstances that do not allow for a concession or a compromise. If that’s the case, you should be very clear about your position and your unwillingness to compromise, and the reasons for that approach. However, this strategy should be limited to certain unique issues, as it is not an effective divorce negotiation strategy to refuse to compromise on several issues.

How do I prioritize my goals and interests during the negotiation?

Divorce negotiation does not just focus on legal perspectives. The finances are significant and the emotions of both parties are important in the divorce process. 

In order to effectively engage in divorce negotiations, you have to be aware of your own emotions. You have to allow for transparency with the other side and you have to be willing to communicate. 

Contact the legal experts at DeTorres & DeTorres today for cutting edge legal advice and representation so that all of your questions and concerns may be answered as you navigate the divorce negotiation process. 

 

Share on:

knowledge & insights

Man in military uniform removing ring

Is military divorce the same as regular divorce?

Military divorce couples file for divorce using the same process that civilians use; however, when military couples divorce there are factors that have to be considered separate from routine divorce situations. While there are many similarities among a military divorce and divorces involving...

February 21, 2024 Read More

Bird house hanging from tree branch

What is bird nesting divorce?

A bird nesting divorce, also referred to as bird's nest custody, or bird nesting, is a living arrangement that allows for the children to continue to reside in the family home while the parties take turns living in the home. Bird nesting divorce is intended to keep the primary burden of the divorce...

February 13, 2024 Read More

Model home held by 2 hands

Co-owning a house after divorce

Co-owning a house after divorce, and divorcing with a house in both names, is an issue that arises when people divorce and own a home together.  Couples have to decide whether they will continue to co-own their home after their divorce.  When parties own a home and are going to divorce, the home...

February 3, 2024 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top