Determining When to Compromise or Hold Firm During Divorce Negotiations

Determining When to Compromise or Hold Firm During Divorce Negotiations

No matter how amicable a separation, going through a divorce can be difficult and strenuous on all the parties involved. Emotional turmoil can impair the decisions that you and your former spouse make, complicating the settlement negotiations at every turn. There will be many battles within your divorce, but not every battle you come upon is worth fighting financially or practically.

Being treated fairly is a common concern for most people during a divorce. However, in some cases, a person may be better off compromising in certain areas than exhausting their time and money. Furthermore, it may prevent a person from experiencing unnecessary emotional distress. Contrastingly, a person going through the divorce process may benefit exponentially by being able to determine when it is appropriate to hold firm during settlement negotiations. Someone facing divorce proceedings may find it advantageous to speak with a compassionate divorce lawyer prior to making legal decisions.

Protecting Your Assets

Sometimes assets hold sentimental value that can make them feel more valuable than they are worth. Fighting over things like personal property can rack up more legal fees than the items themselves may be valued at. Unless you have assets such as expensive artwork, antiques, or family heirlooms that have special meanings or value, compromising in these negotiations can lend more to your favor.

Preserving Property Ownership

The family home or additional properties can hold a special place in your family’s heart and deciding how this real estate is divided can be a difficult decision. Property division can grow even more complex if there are children involved, as each parent may want to hold onto the property due to special memories, or to keep children in the same neighborhood or school district. Selling the marital home and buying another residence in the same community may reduce conflict in this area of negotiation.

Preserving Child Custody and Visitation Rights

Fighting a custody or visitation can be emotionally draining and costly. In many cases, refusing to compromise with a former spouse may extend suffering for all parties involved, including your children. Unless your former spouse is truly unfit, it may be best to approach child custody and visitation rights in a flexible manner. Arrangements can typically be altered in the future, so it may be more beneficial to concentrate on other areas of negotiation.

Arranging a Fair Child Support Plan

Determining child support can be difficult during all other divorce proceedings, but allowing it to take precedence over other aspects may prevent your time and effort being applied to other areas. Compromising with your ex-spouse could help put this issue to rest.

Protecting Your Business, Savings, and Retirement

Owning your own business or supporting yourself with the proceeds from your business often means this is an area where it may be important to stand your ground. Fighting for your business in a divorce proceeding may be the only chance you have to maintain total ownership or control over it. Courts may consider a business created or acquired during the marriage as ‘marital property’, and it is possible that your former spouse is entitled to a part of that business. If your business is important to your livelihood, be prepared to stand firm on your desire to maintain ownership.

In terms of savings and retirement, it is important to establish firm expectations in receiving a fair portion of these assets. Speak with an understanding divorce lawyer to learn about various legal options that may help preserve your ownership over marital retirement assets or savings.

Dividing Debt in a Divorce Negotiation

Typically, a court will try to divide the assets and debts from the marriage equally. If one person agrees to receive more property, they may also be agreeing to receive a larger portion of the debt. This area may not be worth arguing over. Unless your former spouse is more responsible for the debt within your marriage, it may be best to focus your energy on other components with more importance to you.

Every divorce is different, and it is important to fight for what you think you deserve throughout your case. If you are considering divorce, do not hesitate in contacting the experienced divorce attorneys of Moskowitz Law Group. With decades of combined experience, their lawyers could help you through the complicated process of determining when holding firm or compromising may be in your best interest.

Contact Our Attorneys Today

Start With A Free Case Evaluation







    Mistakes Parents Make in Custody Battles and How to Avoid Them 21Jun
    Mistakes Parents Make in Custody Battles and How to Avoid Them Posted by Moskowitz Law Group, LLC
    Mediation and Joint Custody in New Jersey 20Jun
    Mediation and Joint Custody in New Jersey Posted by Moskowitz Law Group, LLC
    Challenges of Joint Custody in New Jersey 18Jun
    Challenges of Joint Custody in New Jersey Posted by Moskowitz Law Group, LLC
    Advice for Happy and Healthy Stepfamilies 17Jun
    Advice for Happy and Healthy Stepfamilies Posted by Content

    No aspect of this advertisement has been approved by the New Jersey Supreme Court. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice or tax advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please do not send any confidential information to us until such time an attorney-client relationship has been established. Results may vary depending on your particular facts and legal circumstances. Consultations are offered for those who retain the firm.

    ©Copyright 2024Moskowitz Law Group, LLC. All Rights Reserved.

    Contact Us
    [contact-form-7 404 "Not Found"]