With emotions already running high, you may wonder how to negotiate a divorce settlement with your spouse. Even if your relationship is contentious now, it is still possible to negotiate a settlement with the help of a skilled San Antonio divorce and family law lawyer. At Higdon, Hardy & Zuflacht, L.L.P., we pride ourselves on assisting couples in resolving their disputes in the most fair and painless way possible.
Can You Negotiate a Settlement Without Going to Court?
Yes, you can resolve your divorce through an out-of-court settlement. If you cannot reach an agreement with your spouse, your case may have to go to trial. This can be costly, and going to court can take much longer to finalize your divorce. Negotiating a settlement with your spouse is, without question, a faster and more cost-efficient alternative to litigation. An experienced divorce attorney can help facilitate a settlement through effective negotiation techniques to achieve your best result.
What Are Some Means of Settling Your Divorce Without Litigation?
If you want to avoid going to court, there are alternative ways to try to resolve your divorce and reach a settlement with your spouse, no matter how contentious the situation may be, including:
- Mediation – You and your spouse may agree to go to mediation, or the court may order it. At mediation, a neutral third party (often another lawyer who exclusively handles mediation) assists both spouses and their counsel in communicating their desires and negotiating the settlement of their disputes. The mediator does not make decisions for you, but they help the parties reach some middle ground. It gives the couple control over the results rather than leaving it in the hands of a judge. It is a confidential process that allows the spouses to work toward reaching a mutually agreeable resolution without court intervention.
- Collaborative Divorce – Collaborative divorce is a relatively new concept in which each spouse hires their own attorney trained in collaborative law. The parties and their attorneys work respectfully to reach a settlement without going to court. Typically, the parties will agree not to threaten litigation, and this is one alternative settlement method that is sometimes initiated before a lawsuit is filed. Other professionals, such as accountants, financial advisers, and therapists, may be called upon to provide guidance on specific issues. Collaborative divorce is a good option for couples seeking to cooperate to achieve a swift end to their marriage.
- Arbitration – Arbitration is like a court proceeding in which an arbitrator decides specific issues in your divorce proceeding, and both parties agree to follow the arbitrator’s decisions. Arbitration can be faster than filing a lawsuit in a local court with a busy docket. It also allows the spouses to select an arbitrator with the experience to best serve their situation. Arbitration is more structured if the couple’s circumstances require that level of formality without being in court.
- Informal negotiation – Sometimes, a couple seeking divorce agrees on most issues, such as how they will split personal property or handle real estate. They may have most of these matters resolved before meeting with attorneys. These circumstances would be considered “informal negotiation,” in which the spouses agree on the terms of their divorce. Once they reach an agreement, they can contact their respective attorneys to assist in formalizing the agreement and submit it to the court for filing and approval. Although you may think you could use the same attorney if you have all disputed issues worked out, it is important that each spouse has their own attorney to look out for their respective interests.
What Is a Settlement Agreement?
Once you have resolved all contested matters, your attorneys will memorialize your agreement in a formal document known as a settlement agreement. Even if you have created your settlement agreement document yourselves, each party hiring their own counsel to prepare and finalize your divorce settlement agreement is crucial to ensure critical legal terms concerning custody, possession, and indemnity are included to properly finalize your divorce. Your attorneys will review the agreement and terms with you so that you understand what you are signing to end your marriage.
Contact a Family Law Attorney Today
At Higdon, Hardy & Zuflacht, L.L.P., family law is what we do. All our partners are Board Certified in Family Law, a distinction less than 1% of Texas lawyers achieve. We understand that going through a divorce can be a very challenging time in your life. You do not have to manage it alone. Call us today at (210) 349-9933 or contact us online to speak to one of our lawyers in a confidential consultation.