Determining When to Compromise or Hold Firm During Divorce NegotiationsBy Moskowitz Law Group, LLC |
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.