Separation Agreement Attorney for Divorce Agreement
Once discovery has been completed to the point where you are ready to negotiate seriously, write down the details of any potential settlement outcome and number the points consecutively. Consider each of the primary issues such as property division, child custody and visitation, child support and alimony, health insurance, etc.
Once your list is complete, schedule an appointment to review possibilities with your attorney. Then, regardless of who is making the offer, consider the following questions for your attorney:
- In what way is this settlement better or worse than what I would likely get from the judge?
- What are the advantages or disadvantages of settling now, as opposed to waiting for trial?
- Which elements of the settlement do you feel are the most important to the other side?
- Are there any aspects of the offer that you feel are unfair or unreasonable?
- If you were in my place, would you accept this offer? If not, why not?
Weigh the Costs and Benefits of Litigation vs. Negotiation
The experienced attorneys at The Massachusetts Family Law Group will tell you how it's important to constantly assess your risks and to make an ongoing cost-benefit analysis throughout the divorce process. We put our more than 40 years of combined experience to work for you.
Rather than focus on the emotional aspect of your divorce, consider treating it like a business transaction. Employ the give-and-take process of negotiation in order to get a fair and equitable portion of your marital estate.
Top-5 List: Negotiating Divorce With Your Spouse
Tip 1: Analyze your spouse. Listen carefully as your husband or wife communicates his or her needs. What do you have and what do they want most? The idea is to give the other party something you have that is very important to him or her but less important to you. In return you get something that is more important to you than it is to your spouse.
Tip 2: Concentrate on what you say and how you say it. There are certain phrases used over and over when people are in conflict that rub the other party the wrong way. Take time to note what your fighting words (hot button phrases) are and request that each side refrains from using them in the spirit of resolving the conflict.
Tip 3: Are you sure you want the marital home? The home can be a contentious issue in any divorce case. Remember this: keeping the house may make sense if you are hoping to get custody of your children and keep some continuity in their lives. But it is also an asset that comes with more expenses than you may realize. The monthly mortgage, taxes, utilities, and all the other upkeep may add up to more than you can handle. Put your business hat on.
Tip 4: Risk Analysis. Part of the negotiation process is keeping in mind that if you and your spouse do not reach an agreement, a court is going to impose its solution on both of you. If your spouse knows that you cannot stand uncertainty and risk, he or she may insist on unfair concessions before giving you the certainty you want, the signing of a divorce agreement.
Tip 5: Don't allow trickery to enter negotiations. Do not allow yourself to be bullied or threatened as you negotiate your divorce agreement. If the other party tries to get an unfair agreement by intimidating you, you need to show firmness.
Divorce Lawyers on Route 3 – Know-How to Get the Job Done
Over the course of several years, the attorneys at The Massachusetts Family Law Group have seen many stories. We have seen people try to settle, but come to an impasse when it comes to a set of curtains, a bedroom set, and the last set of dishes. Others have wanted to go to trial over one Monday night a month with the children.
We take into account the details of every situation. Since each attorney is assigned to a specific region and set of courthouses, we know how our judges approach most issues. We have seen the outcomes they have come up with and balance all of the facts to help you make the right choices.
Learn More With a Free, No-Obligation Consultation. Knowledge is Power.
To make an appointment, call us at (800) 299-DIVORCE or use our online contact form. From settlement discussions to courtroom litigation, we can put more than 40 years of experienced family law representation to work for you.
