NY Divorce Negotiation: Trying to Stop the Dam From Breaking…

Negotiating favorable divorce settlements is an art form.  It takes a high degree of skill and experience to perfect.  A lawyer entering a divorce negotiation not only needs to have a mastery of the law but needs to be skilled in the art of negotiation.  Hiring the right attorney to represent you through divorce negotiations can potentially save you thousands of dollars in your divorce.

A good negotiator can negotiate directly with your spouse if he or she has not yet retained an attorney.  If your spouse has hired an attorney, then you definitely want to have an attorney of your own to negotiate directly with the opposing attorney.  Remember, your spouse’s lawyer represents them not you.  They have their vest interest in mind, not yours.  Don’t fall for a smooth lawyer who claims that he or she has your best interest in mind too.  This is not only a lie, but is unethical…

Having a divorce lawyer on your side during any negotiation process is a plus.  An attorney can be persuasive and achieve results that you didn’t even know were possible.  There is no guarantee that your lawyer will be able to achieve the exact results that you desire, but you certainly will have a better chance at achieving such results with him or her on your side.

A good negotiator can potentially convince your spouse:

  • that an uncontested divorce is the best way to go
  • to pay you spousal maintenance to avoid a costly contested divorce
  • that a compromise is necessary regarding child custody and visitation
  • that you should receive a certain asset to avoid costly litigation
  • that your spouse should take responsibility for a certain liability or debt thereby releasing you from such responsibility
  • that you and your spouse are better off reaching an agreed upon settlement outside of court than leave the results up to the court

If you think that your impending divorce could benefit from having a negotiating lawyer on your side, please call our toll-free number (866) 830-2064 to schedule your free divorce consultation now…

8 replies
  1. Adam@Antelope Valley Bankruptcy Attorney
    Adam@Antelope Valley Bankruptcy Attorney says:

    Our office spends a fair amount of time doing self-help seminars on behalf of pro se debtors, but despite our best efforts to empower and educate, I often see critical and damaging errors made. Proper representation can make all the difference in the world.

    I can see how this would be especially the case in the deliberate negotiation towards an uncontested divorce.
    .-= Adam@Antelope Valley Bankruptcy Attorney´s last blog ..Helpful Hints for Pro Se Debtors: Lessons Learned at Creditors Meetings =-.

    Reply
  2. Speed Trap
    Speed Trap says:

    Negotiation is the key, I believe, to the best divorce. Nobody is going to walk away happy regardless, but meeting somewhere in the middle makes everyone feel better in the end.

    Reply
  3. Robert J. Matlock@McKinney Divorce Attorney
    Robert J. Matlock@McKinney Divorce Attorney says:

    Most Texas judges agree with you David, negotiation makes better divorces whether they are contested or not.

    Studies here showed that mediated divorces were faster, less expensive and (most important) resulted in better compliance than court orders after divorce. As a result the judges took the very practical step of requiring mediation between divorcing parties before they would allow attorneys to schedule a court hearing!

    Reply
  4. International Divorce
    International Divorce says:

    You have decided to divorce, have chosen a lawyer or have decided to represent yourself, and have gathered necessary information on the family’s economic situation. What happens now? Usually negotiations. This is not a totally new skill you have to learn. We negotiate every day. Those who have children know that a normal three-year-old is an instinctive negotiator for the important things in life — staying up another ten minutes, not eating the carrots until you promise candy, and so forth. we each bargain and attempt to persuade in just about every aspect of our relationships with other people, and we also do so when we divorce.
    .-= International Divorce´s last blog ..The Lowdown On A Quick NY Divorce =-.

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  5. Divorce Court
    Divorce Court says:

    Negotiation is the act of achieving an agreement with another party. In the case of a potential divorce, your spouse wants out and you don’t. While it appears impossible to come to any middle ground, it can be done. The trick is to negotiate not for your spouse to stop the divorce, but to negotiate for time. You want to stall the divorce from being filed so that you can carry out a side strategy for fixing your relationship.
    .-= Divorce Court´s last blog ..Peru’s Speedy Divorce Law =-.

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