The vast majority of divorce cases are resolved through negotiation. Even if you feel like this isn’t an option in your case given the contentiousness you have with your spouse, you might be able to find a path forward to positive resolution. To successfully do so, though, you’ll have to have a solid game plan as you enter your case.
How to prepare for effective divorce negotiation
If you want to resolve your divorce in a favorable fashion and without going to trial, then you’ll need to adequately prepare for settlement talks. While there’s no one size fits all approach here, by taking the following into account you might find it easier to craft the legal strategy necessary to protect your interests:
- There’s a reason your spouse is acting the way that they are: It’s easy to get caught up in the emotional aspects of divorce. You might hold prior events against your spouse, and you might be tempted to be contrary just to get back at your spouse. And your spouse might do the same. But remember that there’s a reason why your spouse is acting a certain way. They may be responding to a deep emotional wound, or they simply might be trying to wall themselves off as a defense mechanism. If you can identify the cause behind your spouse’s actions, then you might be able to approach negotiations in a more understanding way, which is much more likely to foster resolution.
- You need to know all of the facts: Divorce is a big financial transaction. If you go into it with a misunderstanding of the facts, including those pertaining to marital assets and marital debts, then you might find yourself on the losing end of your bargain, as you won’t know what you’re negotiating for.
- Effective communication is key: Even if it seems like you can’t talk to your spouse without the conversation devolving into an argument, there are strategies that you can use to reduce conflict. One of them is to simply communicate through a written format. If you and your spouse can find an effective means of communication, then you’ll be better positioned to have meaningful conversations about how to resolve the divorce legal issues confronting you.
- Realize that both parties want a positive outcome: Divorce is often thought of as an adversarial process where one side wins and one side loses. While it’s certainly true that the divorce process can be contentious, both parties want to come out ahead. Once you realize that, then you can focus on negotiation tactics that seek to provide a “win” to each side. If you can successfully do this, then your divorce settlement talks will go much more smoothly than you think.
- Your post-divorce budget is important: You need certain goals when you head into your divorce negotiations. From a financial point-of-view, then, it’ll be helpful to have an idea of what your post-divorce budget will look like. This will give you a sense of what you need to push for and where you might be able to give a little.
Don’t leave the outcome of your divorce to chance
You’re likely going to feel a lot of pressure as you head into your divorce. But you might find yourself more comfortable and confident with the process once you’ve fully prepared your position. Neglecting to create strong negotiation strategies can leave you at risk of a poor outcome that threatens your financial stability for years to come. You certainly don’t want that to happen, which is why now is the time to start putting in the work needed to ready yourself for the next step in your divorce.