Negotiating a Contested Divorce Settlement

There are different ways to deal with a contested divorce, but somehow you must come to an agreement or one will be decided for you before your divorce can be finalized.

Distribution of Assets

Asset distribution during divorce can be handled in different ways. If parties were married for a long time, then it may mean that the dividing of assets is more complicated. Many states employ equitable distribution in dividing assets for divorce cases. Equitable distribution of assets and liabilities does not necessarily mean equal distribution. Distribution of assets in a equitable distribution divorce still takes into account the amount of income each party makes, the length of the marriage and acquisition of property during marriage.

Child Custody and Support

When children are involved in divorce cases, it can unfortunately lead to more disputes. This is because parties may have difficulty coming to agreements about child support agreements and child custody arrangements. Depending on the age of the children and careers of the spouses, some arrangements may make more sense than others. It is difficult to separate yourself from the overwhelming feelings divorce can cause so that you can cooperate and reach an agreement as to the best situation for your children.

Involving a Third Party

If you cannot reach an agreement on your own, you may wish to involve a third party such as a mediator in your discussion about divorce settlement. If the third party is unable to facilitate an agreement, then the court will make a decision for you during a trial. At trial, you will each present your side of the story and submit a proposed settlement and any supporting evidence for your proposal. The court will carefully consider the most equitable way to finalize your case and will issue a settlement based on that decision.

While the trial system can seem harsh, if you cannot reach an agreement with your spouse, then it does provide a reasonable way to reach an resolution. You probably want the divorce to be finalized as soon as possible, and once a third party such as a judge makes the decisions, then it will be easier to move forward.

Getting Legal Help

A divorce lawyer, also known as a family law attorney, can help you handle your divorce case in confidence. Divorce is an emotionally charged process which is best handled as quickly as possible in most cases. An attorney can help you decide which divorce options are best given the circumstances of your case.

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