Negotiating a Divorce Settlement

Going through a divorce involves more than just the end of your relationship.  Arrangements must be made regarding your children, finances and the division of your marital estate.  These issues must be resolved before a divorce can be finalized. Having our divorce attorneys guide you in a divorce settlement can help to get the best result for you and your family and to ensure that your rights are protected.

The Benefits of a Divorce Settlement

Most divorce cases settle, and even those that go to trial must engage in settlement negotiations through mediation prior to trial.  When you and your spouse are committed to an amicable resolution or a collaborative divorce, you will be engaging in settlement negotiations to come to terms that will be reflected in a divorce decree.  So it is 100% likely your divorce will involve negotiation.  Advocacy in your divorce settlement negotiations will help ensure your case is resolved in the best way for you and your family.

Negotiations typically center around the following:

  • Division of marital property and assets: You are entitled to a fair share of any property and assets accumulated during your marriage, such as real estate; savings, investments and retirement accounts; closely-held businesses; stock, stock options, restricted stock units, bonuses and other employee benefits; personal property, boats, vehicles and collections. Debt, liabilities and taxes are also included in the division of the marital estate in divorce.
  • Child time sharing and support: Parenting plans determine the amount of time you will spend with your children and how the financial needs of your children will be met, including child support. Where your children will live and how decisions will be made regarding important education and medical decisions are also part of your parenting plan and your settlement negotiations.
  • Spousal support: Otherwise known as alimony or contractual alimony, payments from one spouse to another post-divorce may be on the table because you have been married for more than ten years, or may be worth considering to achieve a marital property division that works for both spouses.

If you are unable to reach an agreement on all the terms in your divorce decree, then the terms of your divorce will be decided by a judge.  Most spouses believe their divorce should settle, but the difficulty in reaching agreement is in the negotiation.  Since most divorces settle, it is important to have an advocate who is skilled in divorce negotiation to guide you through the negotiation and to advocate for your rights.

Tips on Negotiating a Divorce Settlement Agreement 

Attempting to negotiate a divorce settlement on your own is something you should avoid at all costs. In addition to the emotional factors involved, unfamiliarity with the laws and general principles guiding divorce cases could put your rights in jeopardy.

As experienced divorce attorneys, we provide the trusted legal guidance you need to negotiate the best divorce settlement agreement for you and your family.

Ways you can help ensure the best possible outcome include:

  • Do not negotiate your divorce settlement directly with your spouse unless specifically advised to do so by your lawyer.
  • Tell your lawyer everything.
  • Get your lawyer all the homework, documents, narratives, forms they ask for.
  • Set goals in terms of outcome but remain flexible.
  • Work with your lawyer to keep your case on track. Emotional issues may derail the process or cause the case to lose focus.  If that is the case, you should work with a therapist one-on-one during your divorce for support to help deal with the emotional side of your divorce so that your legal issues can remain focused on the business of your divorce.
  • Avoid discussing potential divorce settlements with outside parties, such as friends or family members. Your case is unique and private.

Contact Us Today for Help

You can count on the Austin divorce lawyers at Lazar Law to help negotiate the best possible settlement in your divorce case. To schedule a consultation, contact our office today.

For help with possession and access and other child custody and visitation matters in an Austin divorce or custody case, contact Lazar Law at 512-477-1600.
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