Many people going through divorce simply leave it up to their lawyers to take action on their behalf. Many times the actions are in response to those by the other attorney or actions are taken with no long term strategy behind them.
What is not commonly known, however, is that each and every action can potentially take you down a path towards either contested court litigation or settlement.
If you prefer to resolve your divorce out of court, keep these 3 secrets in mind:
- Positions drive up legal fees and lead to litigation; Needs and goals lead to out-of-court resolutions.
When you and your lawyer remain fixated on positions such as “entitlement” to alimony or the where the goal is simply to get as much as you can or to pay as little as possible, your divorce is likely to drag on interminably as legal fees escalate.
You would be far more likely to achieve an expeditious divorce settlement if you identified your specific needs and goals. For instance, whether you are concerned with being able to afford your monthly expenses after the divorce or if you would like to be able to purchase your own home.
- You can create your own divorce settlement that works for you as well as your spouse.
Guided by your goals and interests, you can right away identify the specific expenses and purchases you anticipate after the divorce. Then you can quantify any shortfall between your net earnings and what you anticipate receiving from the marital assets. Your attorney or financial advisor can create a cash flow analysis to pinpoint the amount you would need to receive from the marital assets and how you might obtain tax or other benefits from any payments for financial support.
- The divorce process that you choose is limited only by your imagination.
There is no need to default to the traditional divorce court process. You should make sure to consider such cost-effective alternatives as mediation, collaborative divorce, arbitration, or any combination of these to reach a mutually agreeable divorce settlement. You can read my post here for descriptions of these options.
To learn how to keep your own divorce out of court, call or click “contact” or “initial consultation.”