Negotiate or Litigate

That’s the million dollar question. Everyone going through a divorce needs to decide what process they’ll take. The decision you make may have a great impact on you and on your loved ones who will ultimately feel the pain of the divorce as well– such as your children.

So what’s a negotiated divorce? You typically won’t meet in a courtroom. Your attorneys will work together to reach decisions, as so will you and your spouse. It’s a collaborative process where both parties agree not to go to court. You’d probably meet with a mutual mediator. This mediator will help you and your spouse through some of the harder decisions. You and your spouse can carve out the plan instead of leaving it the hands of a judge.

That sounds a lot better than a nasty divorce in court, right? Well, it’s not always that easy. Here area few things to consider:

Do you and your spouse still respect one another? Are you still communicating effectively? If you’re unsure about either of these answers, a negotiated divorce can be very challenging.

If you need to go through the litigation process, there are a few things you can do to make it easier: try to understand where each person is coming from, keep your kids out of it, and compromise! Divorce can get very messy and be very expensive. The more you can compromise and only hold on to your TRULY non-negotiables, the easier it will be and you’ll get past it with a lot less emotional and financial damage.

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