Can I Try to Settle All the Issues in My Divorce Case Through Out-of- Court Negotiations?

 Posted on June 30, 2024 in Divorce

While the process of ending your marriage through a  divorce can be challenging, it is best to try to avoid a contentious court battle. By negotiating a settlement outside the courtroom, you can save time and reduce stress, and you will be more likely to achieve an outcome that will benefit both you and your spouse. To determine the best ways to resolve divorce-related issues as amicably as possible, you can work with an experienced divorce attorney who can advise you as to your legal rights and options, as well as assist in negotiating a settlement that will meet your needs.

Issues to Address in a Divorce Settlement

As you work to complete the divorce process, you will need to address various legal issues, including:

Division of Marital Property

Your marital assets and debts will need to be divided equitably between you and your spouse. Your attorney can help you identify and value all marital assets, and also work with you to negotiate agreements that will provide for your financial needs.

Child Custody and Parenting Time

If you and your spouse have minor children, you will need to write up a parenting plan that details how you will share decision-making responsibilities, as well as specifying parenting time. Your parenting agreement will need to include schedules specifying when your children will live or spend time with each parent.

Child Support

To ensure that you and your spouse both contribute to the costs of raising your children, financial support payments will be calculated based on your respective incomes. You will likely also need to determine how you will share certain specific types of expenses, such as healthcare costs and childcare expenses.

Spousal Support (Alimony)

It may be appropriate for one spouse to provide ongoing financial support to the other. Your divorce lawyer can advise you on whether you may pay or receive spousal maintenance, as well as ensure that the amount and duration of support is calculated correctly.

Methods for Resolving Disputes

You will likely have several options available for negotiating and resolving disputes outside of court, including the following options:

Direct Negotiations 

You, your spouse and your respective attorneys can communicate with each other and work to reach agreements on all outstanding issues in your divorce case. Your attorney advises you on how certain disputes can be properly resolved, and ensures that the terms of your divorce settlement meet all legal requirements.

Mediation

You and your spouse can work with a neutral mediator who helps both of you discuss and resolve the issues in your case. The mediator does not make decisions, but helps you communicate and negotiate, working to reach agreements and hopefully reach a complete settlement. Mediation sessions are private and confidential, and they ensure that you and your spouse retain control over the outcome of your case, rather than having a judge decide.

Collaborative Law 

You and your spouse can hire what’s known as a collaborative, third attorney and sign an agreement stating that you both will work together to resolve your case without going to court. This approach can provide a supportive environment in which you both work together with your divorce attorneys to find solutions that benefit both parties. By taking a cooperative approach, rather than focusing on conflict, you can reach effective agreements that allow you to move forward successfully after legally dissolving your marriage.

Contact Our Oak Park, IL Divorce Attorney

Settling your divorce case out of court is often the most beneficial approach, as it can save time and money and reduce stress for you and your children. As you work to address and resolve divorce-related issues, it is essential to have a legal advocate on your side who can help you navigate the divorce process successfully. At the Law Office of Vincent C. Machroli, P.C., our highly-experienced Hillside divorce lawyer can provide the guidance and legal help you need to negotiate a fair and comprehensive settlement. Contact us at 708-449-7404 to arrange a free consultation and learn more about your options for completing your divorce as amicably as possible.