Benefits Of Negotiated Divorce Settlements

Family Attorneys

Divorce can be a challenging and emotionally charged process. When it comes to resolving the various issues involved, such as property division, child custody, and spousal support, couples have two main options: negotiating a settlement or going through litigation.

As experienced family attorneys – including those who practice at The McKinney Law Group – can confirm, no single approach is right for every couple. Sometimes, for example, fundamental differences that simply cannot be resolved out of court require judicial intervention or the parties would simply go round and round forever. With that said, there are numerous benefits associated with negotiating a divorce settlement out of court, which is why this approach is utilized by the majority of divorcing couples in the U.S. nowadays.

Cost-Effectiveness

One of the primary advantages of negotiating a divorce settlement is its cost-effectiveness compared to litigation:

• Legal Fees: Litigation can be financially burdensome, with each spouse’s attorney needing to spend considerable time getting ready for court, resulting in substantial legal fees. By contrast, negotiated divorce processes tend to progress more quickly and effectively, leading to less considerable legal bills.
• Time Efficiency: Litigation often involves lengthy court proceedings, continuances, and delays, leading to increased expenses. Negotiating a settlement allows couples to bypass court schedules, potentially resolving their divorce more quickly and cost-effectively.
• Lower Emotional Toll: Financial strain resulting from the expenses of litigation can add to the emotional toll of divorce. By opting for negotiation, couples can allocate resources toward rebuilding their lives rather than protracted legal battles.

Control over Outcomes

Negotiating a divorce settlement provides couples with greater control over the outcome, allowing them to craft a solution that best meets their unique needs:

• Customized Agreements: Negotiation allows couples to reach creative and personalized agreements that suit their specific circumstances. Spouses can address unique family dynamics and find mutually beneficial solutions that a court may not consider.
• Preservation of Relationships: By actively participating in the negotiation process, couples can preserve amicable relationships and promote cooperation, especially when children are involved. Collaborative discussions foster a sense of fairness and can lead to more sustainable long-term co-parenting arrangements.
• Future Flexibility: Settlement agreements can be more flexible than court-imposed rulings. Couples can incorporate provisions for future modifications, allowing for adjustments as circumstances change, without the need for returning to court.

Reduced Emotional Strain

Divorce is an emotionally challenging experience, and opting for negotiation over litigation can help alleviate some of the emotional strain:

• Privacy and Confidentiality: Negotiating a settlement offers privacy and confidentiality. Courtroom proceedings are public, while settlement discussions take place in private settings, allowing couples to protect their personal lives from public scrutiny.
• Cooperation and Respect: Negotiation encourages open communication and cooperation, fostering an atmosphere of respect and understanding. This approach can minimize animosity and emotional conflict, promoting a more peaceful transition for both parties.
• Focus on Healing: By avoiding the adversarial nature of litigation, couples can shift their focus toward emotional healing and moving forward with their lives. Negotiation allows for more constructive problem-solving and promotes a healthier post-divorce environment.

Choosing to negotiate a divorce settlement offers numerous benefits over litigation. But again, it is important that if you are seeking a divorce that you take the time to consider which approach to the process is going to work best for your unique circumstances before you commit to one over the other.