Negotiate, Don’t Litigate: 3 Tips to Avoid a Messy Courtroom Divorce
Nov. 20, 2017
Getting divorced doesn’t have to be the knock-down dragged-out fight depicted in movies and on T.V. shows. In fact, if the two of you don’t have complex assets, getting divorced can be a simple matter of civilized negotiations between the two of you. Read on for more tips on how to have an amicable divorce.
Divorcing with Or without Kids
If you and your spouse don’t have kids, then getting divorced can be much simpler from a legal perspective without having to determine custody arrangements and visitation schedules.
If you do have kids, however, your divorce doesn’t have to be difficult, either. When working out custody and visitation issues, be realistic and compromising. No judge is going to award one party 100% custody with no visitation for the other parent absent strong allegations of abuse or neglect. In fact, most all judges want to arrive at a fair and balanced custody arrangement that will benefit the child. Often times that will mean that if a judge is forced to make a decision after a trial, that judge will try to give both parents some time to be able to interact and develop their relationship with the child.
That said, if you are trying to have less stress in your divorce you should be actively trying to come to an agreement on what will work best for the both of you and your child. For example, if your child plays soccer twice a week, then it makes sense that he or she stays with the parent who is able to accommodate this schedule best. Letting go of your own ego can help the both of you arrive at a custody and visitation schedule that is truly in your child’s best interest.
Let Go of Material Items You Can Live Without
There are times when couples get caught up in who gets what marital property. But, often times, this means two people end up fighting over items neither of them actually want just to spite the other. Decide heading into your divorce that you’ll be okay letting go of some things, but identify the items you absolutely cannot live without. List out items that have substantial sentimental value to you, for example, and be prepared to give up property you value less as a compromise. Not getting caught up in petty disagreements over old record players or dishes can make a divorce go much smoother.
Be Honest About Money
It probably doesn’t come as a surprise that money is the greatest source of conflict during a divorce. But, it doesn’t have to be. First, if the two of you weren’t married very long and both made an equal living during the marriage, there’s probably no reason for a judge to award spousal support. And, if neither of you acquired significant assets during the marriage, then there’s probably not a lot of money to split. But, if one of you made more than the other and acquired a substantial net worth, then it is important to be honest about how much money you have and where it is located if you want to avoid a long and messy divorce. If you don’t, expect a long process potentially involving forensic accountants, which can become costly.
If you’re facing divorce and want to maintain a simple and quick process, contact the Law Offices of Tad Davis. We’re here to provide logical and practical advice and to help ensure your best interests are being protected. Call us today for more information on your Arizona divorce!