How to Get a Fair Divorce Settlement
Talk with your spouse., Analyze the possibility of a simple, uncontested divorce., Consider the possibility that your divorce will be complex and/or contested.
Step-by-Step Guide
-
Step 1: Talk with your spouse.
As soon as you feel like a divorce between you and your spouse is imminent, you need to sit down with them and talk.
Having an honest discussion with your spouse will help both of you determine how your divorce will proceed and how you might be able to settle the matter amicably.
The more honesty and openness there is in your discussion, the better it will go. , During, or soon after, talking with your spouse, you should have a good idea of how the divorce is likely to proceed.
If your talk went smoothly and both sides were open, honest, and fair, you may be able to ask the court for an uncontested divorce.
During an uncontested divorce, you and your spouse will file a joint petition and both parties will agree on everything from property distribution to alimony.
Uncontested divorces are common when there are no children involved and there are only a few pieces of property to split.
If you think an uncontested divorce might be possible, settlement negotiations will start the moment you sit down with your spouse.
In fact, the majority of the divorce process will be negotiating and getting your settlement agreement in writing so it can be submitted to the court.
In an uncontested divorce, lawyers may not be necessary and settlement talks will usually be informal.
If you and your spouse get along, settlement discussions might take place around the dinner table or in the living room.
For example, in an uncontested divorce, you and your spouse will sit down before filing a divorce petition and discuss how property will be split, how alimony will be paid, and how child custody will work.
These settlement discussions will continue until every aspect of the divorce has been agreed to.
At that point, a joint petition will be filed and you will attach your settlement agreement.
If the judge signs off on your agreement, the divorce will be finalized.
However, if the judge requires more action on you and your spouse's part, the judge will tell you this.
At that point, you and your spouse will continue negotiating until all of the judge's concerns are alleviated. , If the talk with your spouse got heated and contentious, you might recognize that your divorce will be contested.
In addition, a contested divorce might arise when there are a large number of assets at stake and when child custody is involved.
In a contested divorce, one party will file a divorce petition, which will ask the court to rule in their favor on all divorce matters (e.g., who should get the kids, the house, and alimony).
In response, the other spouse will file an answer, which will ask the court to rule in a different way on various matters.
At this point, discovery will take place, pretrial motions will be filed and court hearings will ensue.
If a contested divorce is inevitable, you will need to hire a lawyer.
Your lawyer will help you assess your case, file court documents, and negotiate on your behalf.
Negotiations in a contested divorce will usually not take place until after discovery.
Lawyers for both parties will want a chance to find out what the other side is thinking before discussing a settlement.
When negotiations do start, it may be because one party started the discussions or it may be due to a court mandate (i.e., court ordered mediation).
Regardless, settlement negotiations in a contested divorce are likely to be contentious and messy. -
Step 2: Analyze the possibility of a simple
-
Step 3: uncontested divorce.
-
Step 4: Consider the possibility that your divorce will be complex and/or contested.
Detailed Guide
As soon as you feel like a divorce between you and your spouse is imminent, you need to sit down with them and talk.
Having an honest discussion with your spouse will help both of you determine how your divorce will proceed and how you might be able to settle the matter amicably.
The more honesty and openness there is in your discussion, the better it will go. , During, or soon after, talking with your spouse, you should have a good idea of how the divorce is likely to proceed.
If your talk went smoothly and both sides were open, honest, and fair, you may be able to ask the court for an uncontested divorce.
During an uncontested divorce, you and your spouse will file a joint petition and both parties will agree on everything from property distribution to alimony.
Uncontested divorces are common when there are no children involved and there are only a few pieces of property to split.
If you think an uncontested divorce might be possible, settlement negotiations will start the moment you sit down with your spouse.
In fact, the majority of the divorce process will be negotiating and getting your settlement agreement in writing so it can be submitted to the court.
In an uncontested divorce, lawyers may not be necessary and settlement talks will usually be informal.
If you and your spouse get along, settlement discussions might take place around the dinner table or in the living room.
For example, in an uncontested divorce, you and your spouse will sit down before filing a divorce petition and discuss how property will be split, how alimony will be paid, and how child custody will work.
These settlement discussions will continue until every aspect of the divorce has been agreed to.
At that point, a joint petition will be filed and you will attach your settlement agreement.
If the judge signs off on your agreement, the divorce will be finalized.
However, if the judge requires more action on you and your spouse's part, the judge will tell you this.
At that point, you and your spouse will continue negotiating until all of the judge's concerns are alleviated. , If the talk with your spouse got heated and contentious, you might recognize that your divorce will be contested.
In addition, a contested divorce might arise when there are a large number of assets at stake and when child custody is involved.
In a contested divorce, one party will file a divorce petition, which will ask the court to rule in their favor on all divorce matters (e.g., who should get the kids, the house, and alimony).
In response, the other spouse will file an answer, which will ask the court to rule in a different way on various matters.
At this point, discovery will take place, pretrial motions will be filed and court hearings will ensue.
If a contested divorce is inevitable, you will need to hire a lawyer.
Your lawyer will help you assess your case, file court documents, and negotiate on your behalf.
Negotiations in a contested divorce will usually not take place until after discovery.
Lawyers for both parties will want a chance to find out what the other side is thinking before discussing a settlement.
When negotiations do start, it may be because one party started the discussions or it may be due to a court mandate (i.e., court ordered mediation).
Regardless, settlement negotiations in a contested divorce are likely to be contentious and messy.
About the Author
Jacqueline Murray
Experienced content creator specializing in creative arts guides and tutorials.
Rate This Guide
How helpful was this guide? Click to rate: