To negotiate a divorce agreement, there are two principles that you have to take note. First, remember that the purpose of the agreement is to avoid further arguments and to obtain this, you must be as persuasive as can be. Second, any communication issues you had during your marriage will not go away even if you are already separated so manage your expectations.
Here are 5 ways you can try to “win” your divorce.
1. Prepare accordingly.
By the time you and your spouse decide to part ways, you should already have a goal set in mind. Goal on what to do during divorce, how you should budget on the divorce and what goals do you want to achieve post-divorce.
You should have a plan about where to live; parenting time with your children; if spousal support is needed; how much should you allocate for child support; who should pay the bills while the divorce case is pending; will the children need to change schools; what is a fair division of assets and liabilities should be, and many more.
You should outline the goals you desire at the end of the divorce, and you can do all these by planning accordingly.
2. Have a checklist.
The first checklist you should secure is the list of all your properties. Real property consists of land and any improvement on it such as buildings, houses, vacation homes, etc. If you share a marital home, both of you should ask yourselves if one of you will remain living in the house or if you don’t intend to keep the property, how should the equity be divided? If you have vehicles, will they be sold and if it will be, to whom shall the title be transferred? In cases of businesses, both of you should address the if it will be sold, or if one spouse will keep the business. Basically, you should have a checklist on what to do with your properties including your money, savings, retirement plans, amd insurances.
3. Discuss your proposed terms with your spouse.
You may think that the divorce will somehow obliterate all the future communication with your spouse, but this is not true. You are still going to communicate with your soon-to-be-ex-spouse in a very long time, especially when you have children or at least in the near future. You might as well get straight to the point and tell your spouse what you want.
Start a discussion with your spouse about the terms you want. You may think it is unattainable but, there is something that you both can agree on, and any progress is progress. Of course, you can’t always expect that there will be calm conversations between the two of you but if you can set aside your anger and negative emotions, it is possible to come to a fair agreement.
Also, do not forget to compromise. You may both be at the opposite ends of the spectrum but there will always be something to agree on.
If your spouse is acting stubbornly regarding the proposed terms, you can direct the lawyer to ask for a settlement offer. Then, validate if you can agree with what they are offering.
4. Do not lie.
Lies do not make anything better. Once the family court judge gets a sense that you are lying about something to benefit your case, aside from the fact that you can be charged with contempt of court, the judge may be suspicious of what you say from then on. Do not help your spouse beat you on court by making false statements. Remember that your credibility is important, and it is one of your greatest weapons during the divorce. You should guard your credibility and preserve it.
Also, just a reminder that final orders can still be modified if there are change in any circumstance. If you lied about a matter early on the case and got away with it, it may come back haunting you, especially if your ex-spouse gets a wind of it.
5. Make time for your divorce attorney.
Make good use of your attorney’s time, especially if you are paying by the minute. Your attorney can help you get a fair outcome in your divorce by providing a strategy. Divorce is 70% logistics. Before your divorce can be finalized by the judge, you and your spouse should actually agree to an agreement on all divorce-related issues.
Every time you meet with your attorney, you should be prepared to discuss what you want from the divorce and talk about that in depth. Make a list of your questions, concerns, issues, goals, and priorities. Do not be afraid to ask questions to your attorney. Think about all the important matter that the attorney should know as those may help you get a fair outcome in the divorce. Every meeting and conversation you have with your attorney is a great opportunity to review your case strategy, develop it if needed, and even address potential problems that may come along the way. Capitalize on the opportunity to make a successful game plan with your divorce attorney.
When the going gets tough, remember you can always count on an experienced Virginia Divorce Attorney to help you through the entire divorce process. Let us handle the legal side of the matter such as preparing documents, filing pleadings, exchanging paperwork, and going to court. Help us finalize your divorce by getting a fair agreement that works for you. Contact Virginia Divorce Lawyer Attorney Tori Bramble at (540) 628-7340 or email us at info@bramblelawfirm.com. You may also visit our website at www.bramblelawfirm.com.
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