Most divorces settle outside of court without the need for full-blown litigation. This can be beneficial for many reasons. It can keep the facts of your marriage private, and it can give you more control over the outcome of your marriage dissolution. But that doesn’t mean that the divorce process is any easier simply because you choose to try to settle it through negotiations. In fact, if you’re not careful, you can make one or more mistakes that leave you in a precarious post-divorce position. That’s why before sitting down for settlement talks, you need to have a solid legal strategy in hand.
But figuring out how to navigate your marriage dissolution can be tough, especially when you’re trying to cope with the emotional realities of your situation. That’s why in the remainder of this post we want to give you some ideas to get you thinking about what you can do to get the most out of your divorce settlement.
Tips for getting the most out of your divorce settlement
There are a lot of different ways to approach your divorce. The specific route you take will depend on the facts at hand and the issues that you choose to prioritize. That said, here are some general tips that could position you to achieve the successful divorce outcome that you want:
- Know the extent of the marital estate: Under Illinois law, you’re entitled to an equitable share of the marital estate. But you’ll only get your hands on this fair share if you have a realistic idea of the assets in play. If you don’t, then you could unwittingly agree to a settlement resolution that leaves you with far less than you deserve. This can put you in a precarious financial position once your divorce is finalized.
- Create a post-divorce budget: Doing this will give you a realistic idea of what you need out of your divorce to be financially stable. It can also serve as a compelling talking point during settlement negotiations, particularly when addressing property division and spousal support. Be thorough and honest when creating your budget so that it gives a realistic portrayal of where you’ll stand when all is said and done.
- Focus on your child’s best interests: If child custody is going to be an issue in your case, then you need to be prepared to present evidence that demonstrates that your proposed custody arrangement is in your child’s best interests. Witness accounts can be helpful to bring up during settlement negotiations, but so, too, can evidence of the other parent’s deficiencies, whether it be long work hours, a history of domestic violence or substance use concerns.
- Strike the right tone: To reach a favorable outcome in your settlement negotiations, you’ll have to know how to effectively communicate with your spouse while also helping them see why proposed solutions are a win for them. Therefore, you should avoid dragging up painful events from the past, and you try to find ways to let them “win” on issues that aren’t all that important to you. This can give you leverage throughout the process and ensure that communications remain respectful and professional.
Develop an effective divorce strategy that suits your needs
There’s a lot more that goes into the divorce settlement process than what’s discussed above. So, before diving into your marriage dissolution full force, be sure to fully consider your legal options so that you can make the fully informed decisions that are right for you. Hopefully then you can rest assured that you’ve done everything possible to position yourself for the outcome that best protects your future.