Divorce on its own can be fraught with emotion. The last thing anyone wants is to end up involved in a drawn-out court conflict while trying to dissolve a marriage. Negotiated divorce agreements can help to avoid this type of situation. Overall, the longer it takes to finalize your divorce and the more contentious the proceedings are, the more painful it is for everyone involved. This is particularly true if there are children involved.
A negotiated divorce agreement gives both parties the opportunity to reach a resolution regarding such issues as division of assets and child custody outside the courtroom. In this type of agreement, both spouses retain their own attorneys. The attorney will then work to negotiate the best possible arrangement for their respective parties. Compared to litigation, a negotiated divorce settlement can offer some important benefits.
Faster Approach to Dissolving the Marriage
A negotiated divorce settlement can often be reached faster than attempting to handle it through the court. With this arrangement, both spouses can make the decision to settle at any time during the negotiation process. When going to trial, there are often other elements involved that can lengthen the proceedings, including the ability to the case on the court’s docket.
Less Emotional Upheaval
There is no getting around the fact that when you are dissolving a marriage, regardless of how long the marriage lasted, there will be emotion involved. With that said, a negotiated divorce settlement is often much less contentious than going to trial. Among the goals of a negotiated divorce settlement is to provide an avenue in which to encourage negotiation and honest communication. Once both parties have agreed to the terms of the negotiation, that settlement will become legally binding. You both then have the opportunity to move on with your lives.
A negotiated divorce settlement also provides the opportunity to keep proceedings discreet. In the case of litigation, records are made public. The discretion of a negotiated settlement may appeal to high-profile individuals and high-income earners who prefer not to have the intricate details of their finances or the intimate details of their lives made available for the public to peruse.
Less Expensive
A negotiated divorce settlement is also often less expensive than going to trial. Taking a case to trial can require significant amounts of time, which equates to tremendous legal expenses. Individuals who would rather not squander large amounts of their assets on court costs may find this to be a more amenable solution than litigation.
Finding the Right Attorney for a Negotiated Divorce Settlement
Once you have made the decision that a negotiated divorce settlement is the right option for your situation, the next step is to consult with an experienced attorney. Many attorneys specialize in family law, including divorce proceedings. However, if you are considering a negotiated divorce settlement, then you should select an attorney with specific experience in handling these types of proceedings.
This can be particularly important in divorce proceedings with high net assets or in situations in which you and your spouse have unique considerations, such as college tuition for children, joint interests in a business, or extensive assets.
Consulting with an attorney experienced in handling negotiated divorce settlements will help to ensure your rights and assets are protected during this difficult time.
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