Divorce Negotiation
What you need to know*:
- Introduction to Divorce Negotiations
- Rule One - Be Cordial
- Rule Two - Do Not Give Ultimata
- Rule Three - Do Not Give Deadlines
- Rule Four - Make Full Disclosure Voluntarily and Freely
- Rule Five - Don't Be Afraid of Taking the First Step
- Rule Six - Never Negotiate Backwards
- Rule Seven - Never Refuse to Negotiate
- Rule Eight - Never Get Personal
- Rule Nine - Never Get Angry at a Settlement Proposal
- Rule Ten - Be Prepared
* This section has been written by a family law attorney to help both attorneys and people facing divorce understand the art of good negotiation to reach a successful divorce settlement.
How to Avoid Divorce Settlement Mistakes:
- Financial Victims in Divorce: Often divorce settlement mistakes may have their antecedents in decisions made before the separation. The time to garner as much information as possible is often before the red flag goes up.
- The Good Divorce Settlement: Failing to examine assets can be a mistake, because many assets, even the most valuable ones, such as a house, cost money to maintain. So the first reaction - to fight for everything - can be a mistake.
- Know the Liquidity of Assets in Your Divorce: Often in a divorce settlement, one spouse receives mostly illiquid assets, such as the home, while the other spouse gets liquid assets, such as retirement plans and brokerage accounts.
- Consider the Impact of Taxes: The effect of a settlement on various taxes can be very costly if not addressed thoroughly. Capital gains, income tax, and alimony are just a few of the areas that must be considered.
- Understand the Rules of Retirement Accounts in Divorce: Retirement accounts and a house are often the two most valuable assets a divorcing couple divides, so if a party finds that a large portion of his or her settlement consists of retirement assets, he or she needs to be aware of the many tax ramifications and potential penalties involved.
- Don't Overlook Debt and Credit Rating Issues: No one wants to start over with bad credit. Several steps can be taken during the divorce process to minimize the chances of this occurring.
- Maintain Control Over Insurance Policies: Most divorce decrees call for one of the parties to obtain a life insurance policy to insure the value of alimony payments, child support or some other financial need. The former spouse should be designated either the owner or irrevocable beneficiary of the policy.
- Be Sure to Budget for AFTER the Divorce: A realistic post-divorce budget, based on present expenses, spousal support, debt repayment, and/or child support, helps divorced people steer clear of the financial wreckage that so often follows a divorce. Developing a budget during the divorce process helps a person set priorities during a divorce.
- Identify Hidden Assets: Once a divorce begins some people do whatever they can to preserve what they feel is their own money. Some maintain secret accounts or other financial activities throughout an entire marriage. These assets may be subject to distribution.
- Working Toward a Good Settlement of Your Divorce: Just because a couple is divorcing does not mean they cannot work together to achieve the best financial settlement.
Useful Online Tools
- Negotiating Your Divorce Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.
Separation Agreement Software
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Separation Agreement Software
It is very difficult to move on with your life without getting the facts in writing, like, who gets what property and who is responsible for what debt, so a separation agreement outlines the rules in a legally binding format. Once you have a signed separation agreement you are on the right path to successfully negotiating your divorce settlement.
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Suggested Reading
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Fairshare Divorce for Women Fair Share Divorce for Women is the first book that gives women the support and guidance they need to safeguard their marital assets. Too often women find themselves at a disadvantage when their marriage ends and they have to fight for what is rightfully theirs. Author: Kathleen Miller, CFP, MBA
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Related Article Archives
 Client/Attorney Relationship Collaborative Law Property & Debt Division Premarital Agreements Private Investigation Mediation All Article Archives |
Resources & Tools
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Start Your Divorce Several Options to Get Started Today. |
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Online Divorce Tools Keeping it Simple to Get the Job Done. |
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Download Center Instantly Download Books, Guides & Forms. |
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Discount Books Over 100 of the Best Divorce & Custody Books. |
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Negotiate Online Settle your Divorce and Save. |
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Custody Scheduling Make Sure You Document Everything. |
GETTING STARTED -- In most divorces, one spouse wants out and one does not -- at least at the onset. The person who is left may try to stall, sometimes in hope of a reunification, but as the divorce progresses, he or she moves toward the point where both spouses understand the marriage is over.
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Online Divorce Negotiation
So you and your spouse have a few issues to iron out before you can agree on your divorce? You are not alone, but you do not have to spend thousands on a lawyer to reach an agreement. With just a little participation and communication, you will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.
Terms to Learn 
Agreement Arbitration Consent Agreement Leverage Factors Mediation Negotiated Agreement Property AgreementOver 1000 terms A-Z
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The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source has made no judgment as to the qualifications, expertise or credentials of any participating professionals.
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