How to Negotiate a Divorce Settlement
Divorces frequently feature high-octane emotions and strident arguments. Recognizing the dynamics of divorce, you nonetheless are best served in most cases if you're able to reach a settlement with your spouse. Not only is a divorce settlement beneficial to the parties, a negotiated conclusion to a case also is in the best interests of any children in the family. Finally, family courts across the country maintain a preference for settled cases if at all possible.
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Instructions
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Prepare your own written list of positions you take in regard to the different issues in your divorce case. Set forth what you desire to happen to everything from division of assets and debts to child custody, visitation and support. No sooner would you take off on a road trip without a map than should you commence divorce settlement negotiations without your own written objectives.
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Schedule a time when you and your spouse can meet in person to informally discuss the prospects of coming up with a divorce settlement. Rather than send your spouse a written statement of your position, the best course is to ease into divorce settlement discussions.
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Listen closely to your spouse's own thoughts and opinions regarding settlement. Do not dive directly into a verbal outline of your own position. You need to make sure that your spouse understands that you desire to have a reasonable discussion about the issues of your divorce case.
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Exchange written settlement proposals with your spouse following the meeting.
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Discuss and consider the differences between your positions. Equally important, highlight where you are in agreement.
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Schedule a session with a divorce mediator if you feel you reached an impasse in your negotiations. Most family or divorce courts in the United States provide divorcing couples with access to approved mediators.
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Request that the court schedule a settlement conference if you have unresolved issues following mediation. Most judges are eager to host a settlement conference in their chambers if there is a real chance a final settlement can be reached.
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Write a settlement agreement including the agreements reached in your divorce case. Courts in most jurisdictions maintain divorce handbooks and guidelines that include standardized forms, including settlement agreements.
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