Strategies to Reach Settlement
For divorcing couples, the top priority is to reach an amicable agreement as quickly and efficiently as possible. However, if a party takes an extreme position, settlement may be more challenging than anticipated. The attorneys at The Carlberg Law Firm offer the following strategies to reach a settlement.
- Do Not Become a Financial Victim. Do not be in the dark about the family’s financial situation. If your spouse has been the one to handle all of the financial decision throughout or for the majority of your marriage, now is the time to learn about you and your spouse’s income, assets, and debts. Make copies of financial information and records and ensure that no accounts have been closed or transferred without your consent. Knowing you and your spouse’s financial situation will provide an equal playing field in settlement negotiations.
- Have and Maintain Realistic Expectations. Realize that the divorce process may take longer than you anticipated. Try to remain calm; do not overreact. Try to take the emotion out of your divorce and look at it in terms of it being a business or financial arrangement. Remember the best revenge is to live well after your divorce. Find hobbies, activities, or other avenues that you enjoy in order to keep yourself from overreacting. Talk to family members and friends about how you feel so that your emotions are not bottled up inside you.
- Get Advice from an Experienced Family Law Attorney. An experienced family law attorney will be able to review a settlement offer and make sure your rights are fully protected under the law. The attorney will be able to assess your spouse’s negotiating position and determine if your spouse’s position is within the realm of outcomes a court may or may not award. The attorney will also be able to assess your negotiating position and determine if your position is within the realm of outcomes a court may or may not award. By understanding what your rights are and a strategic assessment of your position and your spouse’s position, you learn what you are and are not entitled to under the law.
- Successfully Work with Your Attorney. Be prepared and organized by documenting important dates, events, and times. Be prepared and organized by providing your attorney copies of any financial documentation and any correspondence between you and your spouse. Ask questions and seek clarification from your attorney about any issue that is happening in your case as soon as you think of it; do not wait until the moment has passed or circumstances have changed before you decide to speak with your attorney about your concerns. Be honest with your attorney. Do not hide important information from your attorney. By having a successful working relationship with your attorney, you establish the foundation for success in obtaining a settlement agreement with your spouse. Ultimately, be an active participant in your settlement discussions.
- Work Together with Your Attorney to Find Creative Solutions. You and your spouse know what buttons to push and what makes the other tick. Your spouse does not want to pick up your children from your residence; have your spouse pick-up the children after school or at a third party location. Your spouse wants to attend birthday parties your children are invited to by classmates; agree that the party who has the children the weekend or weekday the party occurs is to take the children. Your spouse wants to Skype with the children and does so randomly; agree to a time when your spouse may Skype with the children that does not interrupt their bedtime routine. Do not let your spouse get the better of you by throwing problems at you. Resolve these problems with your attorney by finding creative solutions.