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 who can 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 a 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 can keep the lines of communication open in a
relatively productive, positive manner has a better chance of being able to
settle their marriage dissolution case short of a trial. Keep in mind that
productive communication many times include 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 if the spouses have trouble talking
directly with one another, the engagement of legal counsel ensures 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 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 are 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.
In conclusion, while divorce proceedings can be inherently adversarial, there are strategies that couples can employ to facilitate an out-of-court settlement and avoid a full-blown trial. Engaging professional representation, such as experienced divorce attorneys, can play a pivotal role in navigating the complexities of marriage dissolution and fostering productive discussions between spouses. These professionals not only provide legal expertise but also help to lower the emotional intensity of the proceedings, making it easier for couples to communicate effectively.
Furthermore, keeping lines of communication open, albeit challenging, is essential for reaching a mutually agreeable settlement. Establishing a "cooling off period" and avoiding direct communication during emotional peaks can prevent conflicts from escalating and pave the way for constructive dialogue.
Additionally, making reasonable demands and engaging in give-and-take negotiations are crucial for expediting the divorce process. Particularly concerning issues involving children, prioritizing their well-being and recognizing the importance of both parents' involvement can facilitate smoother resolutions.
Ultimately, by employing these tips and approaching divorce proceedings with patience, flexibility, and a willingness to compromise, couples can increase the likelihood of reaching a settlement outside of court. Doing so not only reduces the financial and emotional costs associated with litigation but also allows couples to maintain greater control over the outcome of their divorce and transition more smoothly into the next chapter of their lives.
