Strategies for Negotiating a Fair and Mutually Beneficial Settlement in a Divorce
Agreeing on a mutually beneficial divorce settlement can be challenging. However, it’s possible. You can find a way to negotiate and come to an arrangement that works for you and your ex.
Reaching an agreement requires open and honest communication. You must be willing to compromise and meet somewhere in the middle despite your feelings for each other.
Below are strategies you can use while approaching divorce negotiations and some methods of resolving issues amicably.
Strategies for Negotiating a Fair Settlement in a Divorce
Divorce negotiations are often overwhelming. Your emotions can weigh on you and lead to bad decisions. You know you’re making the right choice by getting divorced, but the stress of the situation might make productive conversations difficult.
You can reach a mutually beneficial settlement if you approach negotiations with a clear mind and the goal of doing what meets everyone’s needs instead of focusing on punishing your ex.
Below are helpful tips you should follow during settlement negotiations.
Understand the Issues
You must know every aspect of the issues you and your ex disagree on in the divorce. Going into negotiations without preparing for settlement talks won’t benefit you.
If the dispute primarily involves property or finances, then you should review your respective incomes as well as assets and debts to gain a better understanding of your marital estate so that your attorney can assist you in determining what must be divided. This can also help to sort out any potential separate property claims either side may make during negotiations.
If the dispute primarily involves matters related to minor children, gathering information about the child/children’s specific needs or idiosyncrasies is important. Understanding a child’s educational, medical, and emotional needs is essential to finding a parenting time and custodial arrangement that best suits a child. This practice will also help you negotiate the best parenting time schedule, which should also help to keep you out of court in the future unless circumstances change.
Focus on the Problem Instead of the Person
Instead of directing your energy toward the person sitting across from you at the table, focus on the matter at hand. You shouldn’t spend negotiations strategizing how to take your ex’s assets and prevent them from seeing your kids.
Think about the unsettled issues and work toward a fair solution. For example, you can suggest a trade during negotiations if neither of you wants to give up an asset. Your ex might firmly believe they should keep the house. If you can accept their proposal, ask for something of equal value in return, such as a brokerage account.
Be Willing to Compromise
You likely won’t get everything you want out of a divorce settlement. That means you must be open to compromise. Negotiations aim to settle outside of court to prevent a judge from deciding on the issues for you. If you compromise, it can benefit you and your ex while maintaining a level of control over how your interests are met.
You don’t necessarily have to give up something you want. You might be able to negotiate a specific asset but split it or receive a larger share instead of keeping the whole thing like you originally planned. It is possible to walk away from the divorce with what you’re entitled to.
Control Your Emotions
Although divorce is an emotional experience, allowing emotions to take over and cloud your judgment can ruin the chance of a mutually beneficial settlement. Leave your emotions out of the equation while discussing the issues you must resolve with your ex.
Participating in Mediation to Resolve Disputes
Alternative dispute resolution (ADR) is a method of resolving disputes without litigation. You can reach an agreement without involving the courts by choosing ADR during divorce negotiations.
The most common ADR method is mediation. You and your ex meet with a mediator to discuss your problems and work together to settle the matter. The mediator’s job is to listen to both sides and suggest ways of negotiating your divorce to reach a resolution you can both live with to avoid a judge deciding on the case.
If mediation is successful, the mediator will draft a settlement agreement you can file with your proposed divorce decree. The judge must still approve it before your divorce is final. However, you and your ex control the terms instead of the judge.
Dependable Legal Representation During Divorce Negotiations
Negotiating a fair divorce settlement can happen if you and your ex can set your differences aside and work toward a common goal.
Mihelich & Kavanaugh, PLC approaches each divorce case with care to determine an effective strategy that works for everyone involved. We will protect your rights and work hard to obtain your desired outcome.
Call or contact us online today for a confidential in-office consultation in Macomb County, Michigan, if you want to learn more about resolving your divorce in a way that benefits both you and your ex.