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How to Negotiate a Divorce Settlement with Your Spouse

The divorce process by its very nature is stressful and emotionally painful. This stress can become particularly intense during a divorce negotiation. However, mediation can turn contentious divorce proceedings into a collaborative process which allows both spouses to peacefully negotiate a fair divorce settlement. These negotiations are often ideal for reaching a mutually beneficial financial settlement agreement but other elements may be discussed like child custody and support.

In this article, the Philadelphia divorce mediators at Peaceful Separation and Divorce provide guidance on how to negotiate a divorce settlement with your spouse.

Tips for Successful Divorce Settlement Negotiations

Negotiating divorce settlements can be complex, especially when discussing subjects such as child custody and spousal support. However, a negotiated divorce settlement allows you to avoid the time and legal fees of litigating your case in a family law court. These divorce settlement tips will help you engage in productive discussions which increases the chance of obtaining a fair settlement.

Know What Your Goals Are

Before entering into negotiations with your spouse, it is extremely important to clearly understand your goals and priorities with regards to your children and money. One of the big mistakes people make is failing to prepare a mediation plan before beginning negotiations. Knowing your purpose will help you stay focused when negotiating with your spouse.

Stand Firm but Be Flexible

While divorce settlement negotiation with your spouse can be difficult, it is important to remain flexible and avoid viewing the negotiation process as a zero-sum game. You should always focus on your goals and priorities when negotiating with your spouse. However, you should also be prepared to make some difficult decisions to reach a compromise settlement agreement.

Understand Your Spouse’s Side

Empathy and understanding are essential in divorce negotiations. Try to put yourself in the shoes of your soon to be ex and consider their perspective. You can find common ground and develop creative solutions when negotiating with your spouse by understanding the other side of an argument.

Stay Transparent

While it may be tempting to withhold information from your spouse to gain leverage during negotiations, it is better to be open and honest about your financial situation, retirement accounts, and ability to comply with a parenting plan. Providing accurate information when negotiating with your spouse will help build trust and allow you to reach a win-win divorce settlement. Complete transparency and full disclosure is mandatory in the mediation process.

Keep Your Children’s Best Interests In Mind

When discussing the issue of child custody with your spouse, it is extremely important to prioritize the well-being of your children when negotiating a divorce settlement. Engaging in child custody mediation can provide a supportive environment to address your children’s needs while working toward a fair agreement. You should consider the needs of your children along with their emotions and future when negotiating custody. A child-centered approach demonstrates your commitment to your children and can help you negotiate a successful divorce settlement.

Maintain Respect & Stay Polite

Respectful communication with your spouse can help keep negotiations on track and increase the chances of a fair divorce settlement. Even though your own emotions may run high during divorce negotiations, it is important to remain civil toward your spouse. In addition to keeping your interactions with your soon-to-be ex polite and professional, you should also avoid potential emotional triggers.

Pennsylvania is an Equitable Distribution State

Under Pennsylvania law, marital property, i.e., assets obtained by one or the other during the marriage, is divided according to the principle of equitable distribution. This means marital property and marital assets are divided fairly but not necessarily equally. Understanding Pennsylvania’s laws and guidelines on property division can provide clarity and help you successfully negotiate a property settlement agreement.

Talk with an Experienced Divorce Mediator

Instead of retaining a divorce attorney and going through formal proceedings in court, you consider seeking the assistance of an experienced divorce mediator to facilitate your negotiations. Divorce mediation is a non-confrontational process in which a neutral third party helps you and your spouse reach a negotiated settlement instead of having a judge decide difficult issues such as child support and child custody. Contact us today to learn how we can help you reach a divorce settlement agreement.

Summary of Negotiating a Fair Divorce Settlement with Your Spouse

Negotiating a divorce settlement with your spouse requires careful consideration, effective communication, and focusing on finding mutually beneficial solutions. Knowing your goals, remaining firm yet flexible, and empathizing with your spouse increase the chances of reaching a divorce settlement. Negotiating a divorce settlement can be a collaborative and less stressful alternative to litigation. For personalized support from a trusted divorce mediation lawyer, contact Peaceful Separation & Divorce to explore how mediation can help you achieve a fair resolution.

How to Negotiate a Divorce Settlement with Your Spouse