No divorce is easy, but there are options for spouses to make it less stressful and expensive. Divorce negotiation is a broad term that refers to several types of out-of-court discussions between spouses to draft a separation agreement that they can submit to the court. It’s important to know how to prepare for this process. A Bloomington divorce mediation attorney can help you prepare for divorce negotiations and protect your rights during the process.
Negotiations can be done in contested and uncontested divorces. Many couples prefer divorce negotiations because it allows them to have more of a say in the outcome. When a divorce is litigated, the court makes the decisions regarding the division of assets and debts, spousal support, child custody and visitation, and child support.
While negotiations can be less stressful and less costly than litigation, they still have their own emotional strain and challenges. It’s important to understand what you can do to make the process go smoothly. Preparing to negotiate with your spouse can help you mentally prepare and make it easier for you and your partner to reach a resolution. You can take some of the following actions to prepare for a divorce:
1.Outline Your Goals for Negotiations
Every divorce is unique, and your needs will be unique to you. You may not get everything you want in divorce negotiations, as compromise is an essential part of the process; however, you should determine what a good and bad outcome looks like for you.
Understanding this can help you determine the parts of the separation agreement you want to prioritize. You may want to focus on specific assets you want to maintain after separation, your general financial stability, or custody of your children. Focusing on your priorities can help you determine where you are and are not willing to compromise. It can also help you determine your own needs rather than allowing your emotions to influence negotiations.
2.Do Necessary Research
You should understand relevant laws and important financial information prior to beginning negotiations. This is much simpler with legal representation, as an attorney can inform you of relevant laws and help you gather documentation.
Before beginning negotiations, you want to understand the value of both separate and marital property, the debts that you and your spouse are responsible for, and other important finances. If you have children, your research should include being sure you are aware of their needs and schedules. You should also understand your spouse’s wishes and likely goals for negotiations.
3.Understand Your Shared Interests
When you understand your spouse’s wishes, you can determine where you have shared goals and interests. You and your spouse should also try to identify these shared wishes throughout negotiations. Determining where you agree can help you work through aspects of the separation agreement more quickly. It can also help you and your spouse develop a basis for discussing where you disagree.
4.Avoid Listening to Negative Emotions
It is very normal to be upset and frustrated during a divorce and have negative emotions toward your spouse; however, it is important that these feelings do not impact negotiations. You should not be focusing on who is “winning” the divorce negotiations, as this can quickly derail discussions and make negotiating more difficult.
5.Be Ready to Compromise
Negotiation requires communication and compromise. While you should not compromise on everything, you need to be prepared for certain allowances to reach a conclusion. It may be in your interest to compromise on some matters but not on others. You do not want to accept an unfair settlement, but refusing to meet halfway could result in your divorce going to court.
FAQs
Q: How Can You Win in Divorce Negotiations?
A: If you enter your divorce negotiations with the intention of winning, the negotiations are unlikely to go well for either party. Spouses have to be ready to compromise and find solutions to issues they may not agree on. If your goal is “winning” the divorce, negotiations will likely fail, and the case may go to court. Divorce negotiations are meant to allow couples to come to a fair agreement.
Q: What Is a Wife Entitled to in a Divorce Settlement in Illinois?
A: In a divorce settlement in Illinois, a wife is entitled to an equitable and fair share of marital assets and has the right to request spousal maintenance. If the couple has children, the wife is also entitled to request child custody, child support, or both. These rights and abilities apply to both spouses during a divorce settlement.
Gender is not a factor when judges determine a fair division of assets or support awards. The court will review the divorce settlement to determine if it is fair based on other specifics about a couple’s marriage.
Q: Does It Matter Who Files for Divorce in Illinois First?
A: Illinois does not have fault-based grounds for divorce, so spouses do not benefit by filing the divorce first on fault-based grounds. All divorces are filed on the basis of irreconcilable differences; however, there are potential strategic advantages to filing first, including:
- Being able to choose which county or state to file in if you qualify for multiple
- Typically, presenting your case to the court first
- Having more time to prepare for the proceedings
Q: How Long Can a Spouse Drag Out a Divorce in Illinois?
A: When couples are negotiating their divorce out of court in Illinois, a spouse could hypothetically drag out a divorce indefinitely because reaching a conclusion requires the agreement of both spouses. This is why it is important to determine if you and your spouse are able and willing to work together for a compromise.
If your spouse is dragging the process out due to spite or concerns, you may need to take the divorce to court. The court will eventually reach a conclusion, regardless of an uncooperative spouse.
Find the Right Legal Support at Stange Law Firm
One of the most important tips for successful divorce negotiations is finding the right attorney. You need skilled and experienced legal support that can help you protect your rights and determine the most appropriate solution for your family. Contact Stange Law Firm today to learn how we can help you.
