Couples just beginning to contemplate the terms in their divorce often worry they’ll never reach an agreement that works for them. They can become blocked by temporary feelings of confusion about how to begin the negotiation process. But these concerns don’t have to keep you from strategizing how to negotiate a favorable settlement with your ex.
Divorce settlement planning in Illinois starts when you develop a plan of action that will act as a guide as you move forward in the negotiation process. To get unstuck, all you have to do is take that first step.
An Illinois Divorce Lawyer Can Help You Get Leverage in Your Divorce Negotiations
Identifying leverage points will be essential in reaching a more favorable outcome. This is an area where an experienced divorce lawyer with a strong record of success can be particularly useful. The right family law attorney will know how to identify which factors are likely to provide you with an advantage during your negotiations. Looking for leverage can be necessary in divorce cases for several reasons:
- To achieve what you are entitled to under the law;
- To be prepared for what the other party may request;
- To get a more fair outcome in your settlement; and
- To save possible time and money by avoiding a protracted divorce process.
Why is leverage usually important in these types of cases? Most of all, because it can incentivise your spouse to settle disputes, resolve conflicts, and come to agreements with you in key areas of your divorce.
Most Important Steps When Preparing to Negotiate Your Divorce Agreement
Each couple has its own dynamics when approaching their divorce. Sometimes negotiations break down, and it’s up to the courts to determine how an agreement will be achieved. However, most couples can begin by making an attempt to negotiate whatever elements they can.
With that in mind, the following steps can help you achieve a settlement that meets your best interests while encouraging both parties to move on to the next stage of their lives.
Step 1: Define your most pressing short- and long-term interests.
Some people become consumed with concerns about their financial future. Others, maintaining a close relationship with their child or children. Figuring out your long-term goals will make it easier to clarify whether your short-term ones are helping you or getting in your way.
Step 2: Determine what compromises are in your best interests – and which are not.
Another pitfall of being unprepared for divorce negotiations is that one person will be persuaded or pressured into accepting unfavorable terms in an agreement. Once you get clarity regarding areas open to compromise, you’ll know where to focus your attention during negotiations.
Step 3: Clear yourself of negative emotions that may steer you toward extreme demands.
Feeling angry toward someone who was disappointing in marriage is highly common and relatable to many. Unfortunately, those feelings can get the better of you and get in the way of making headway in your negotiations. Being difficult or obstructive may even backfire since you may need your ex’s cooperation when it comes time to hammer out decisions around visitation, child care, and custody-related matters.
Step 4: Identify any shared interests with your ex.
Parties who momentarily set aside their disagreements generally find there are also goals and interests they share with their exes. Commonalities will vary from case to case, but couples can start with areas that the Illinois State Bar Association identifies as central to most divorce settlements:
- What your parenting arrangement will look like if there are minor children;
- Parental responsibilities such as transportation to school and the financing of childcare;
- The division of assets such as homes, debts, and other marital property;
- Whether one party will owe spousal maintenance; and
- Specific decisions such as whether to file taxes jointly or your roles in a family business.
Start with the low-hanging fruit. Before getting into the weeds, see if there are general agreements between the two parties. Your lawyers will be instrumental in hammering out the specifics, such as how much maintenance will be owed and for how long a period of time.
Talk to Top-Rated Illinois Divorce Attorney for Help Negotiating Your Settlement
Reach out to the Law Office of David A. King, P.C., for a free consultation about any area of your divorce. We can tell you what steps will help to negotiate a fair and favorable settlement in your case. Contact our office to set up a consultation today.
