Despite the inherently adversarial nature of divorce
proceedings, the reality is that marriage dissolution laws and family or
domestic courts across the United States maintain a preference for the
negotiated settlement of divorce cases. A number of tips can make it easier for
a couple to settle a divorce case out of court and without the need for a full
blown trial.
Engage Professional Representation
Perhaps the most important step a couple can take to better
ensure an out of court settlement of a divorce case is to engage the
professional services of an experienced divorce attorney is able to handle the
difficult issues associated with a marriage termination in a way that
oftentimes lowers the emotional level of the spouses and opens the door to
productive discussion that results in a mutually agreeable settlement of a
marriage dissolution case.
Keep Lines of Communication Open
Although this is easier said than done in many divorce
cases, a couple that is able to keep the lines of communication open in a
relatively productive, positive manner have a better chance of being able to
settle their marriage dissolution case short of a trial. Keep in mind that
productive communication many times includes what is best called a
"cooling off period." In other words, a person involved in a divorce
may need to avoid direct communication with the other party when emotions seem
to be running high.
Engaging an experienced attorney is another means through
which reasonable, productive lines of communication can remain open during even
more challenging divorce proceedings. Even in the spouses have troubles talking
directly with one another, the engagement of legal counsel ensure that the
negotiation process does not run off the rails.
Make Reasonable Demands
A common occurrence in divorce proceedings is a couple
fighting over trivial things or making unreasonable demands of the each other.
In the end, a divorce is best resolved with the least amount of angst if the spouses
engage in give and take.
One area in which a divorcing couple is well served in being
reasonable is when it comes to issues surrounding children born during the
marriage. Those divorces in which children end up becoming rather like pawns
are precisely the cases that end up dragging on and do not readily settled.
With this in mind, both spouses in a divorce need to recognize the importance
of both parents maintaining a meaningful role in the lives of their children.
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