Settling divorce disputes outside of court can often be beneficial for couples. It allows them to have more control over the outcome and get creative with solutions tailored to their needs and circumstances. Before beginning settlement negotiations, it is essential to do research and be prepared. Consider what topics you'd like to discuss and come ready with documents to support your claims. If needed, you can reach out to a mediator to help you and your spouse pursue resolutions in an unbiased atmosphere. Once the groundwork has been laid, work towards creating a comprehensive marital settlement agreement. You may also consider getting legal advice from an attorney to protect your rights and best interests.
If you need help with a divorce in Los Angeles, call Claery & Hammond, LLP at (310) 817-6904 or contact us online.
Understanding the Benefits of Settling Out of Court
Settling a divorce dispute outside of court offers various advantages for both parties.
Firstly, you and your partner can collaborate to make decisions rather than having a judge decide on your behalf. This preserves both of your autonomy and gives you a say in the outcome.
Secondly, decision-making power is more flexible when couples work together. Both parties can prioritize their family dynamics and find ways to satisfy everyone’s unique needs.
Lastly, settling out of court also helps you avoid costly, time-consuming litigation and alleviates some of the strain of courtroom proceedings.
All in all, settling divorces out of court may be an ideal solution for many couples.
Be Prepared for Settlement Negotiations
Going into a divorce settlement negotiation can be an intimidating and emotional process. Still, you can take steps to prepare yourself. Gathering supporting documents and evidence for your case is essential for making a strong argument for what you want to see in the resolution.
As with any negotiation, setting realistic expectations and being open to compromise will help come to an agreement.
Though the nature of these talks may be understandably rocky, it’s important not to allow emotions to drive the conversation. Try not to let feelings keep you from expressing your side of the story or hearing out that of your partner.
A clear idea of what outcomes would be acceptable for parties prior is key in ensuring that both sides are respected.
Resolving Issues Together
Resolving divorce issues together can be a smart, cost-effective move for many couples. Achieving an agreeable outcome is possible if you and your spouse can put your differences aside and work together.
You may need to negotiate on issues such as the following:
- Who keeps the house
- How to divide up other assets
- How child custody will be arranged
- Who will pay appropriate levels of child support
- Who receives spousal support
If you can meet in a constructive environment with humility and honesty, it's possible to sort out these issues while avoiding lengthy court procedures and reducing stress.
Choosing Mediation to Pursue Resolutions
Mediation is a great option when couples are struggling to resolve disagreements. It bridges the gap between you and your spouse by providing an impartial mediator to help facilitate productive conversations.
This third party creates a safe environment for difficult conversations and helps keep the dialogue civil so that both sides can get their opinions heard without getting into a heated argument.
By opting for mediation, you and your spouse can work together to create win-win solutions to benefit you both.
Creating a Comprehensive Agreement
After resolving divorce-related issues, whether on your own or with the help of a mediator, you and your spouse will write up a marital settlement agreement. When creating the document, ensure that the needs of both parties are considered.
The document should thoroughly explain how all divorce issues have been resolved fairly and equitably. Everything from the division of property and debts to child support or spousal maintenance payments should be accounted for in the agreement, if applicable. Each clause should be detailed and very clear in its expectations.
It is optimal when both parties have had an opportunity to review and discuss the agreement so that they understand every aspect of the divorce decree, ensuring a comprehensive settlement beneficial to both spouses.
Consider Hiring an Attorney to Help Navigate the Process
Getting divorced can be overwhelming, but with an attorney on your side, you can navigate the process with greater confidence. An experienced family law lawyer can explain your rights and review settlement agreements to ensure that your best interests are protected. They can provide an objective perspective and be a trusted advisor throughout the process. Even if you decide to use a mediator to reach a mutually beneficial solution, an attorney can make things go smoother by providing counsel and being available when needed.
To speak with a member of the Claery & Hammond, LLP team, please contact us at (310) 817-6904. We help individuals throughout Los Angeles.