How to Create a Settlement that Fits Your Family

How to Create a Settlement that Fits Your Family

March 10, 2021
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Are you interested in keeping archaic case law out of your divorce?

Many people do not realize that you do NOT have to use the courtroom for divorce resolution.

The word litigation is defined as the process of taking legal action. In a traditional divorce case, the legal system takes over and the divorce process is outside your control. Most of us do not understand the court system for traffic tickets, let alone divorce proceedings!  

The traditional divorce process takes on a life of its own. Attorneys must follow standard protocols and specific rules. Some may even consider it malpractice to not seek every legal remedy possible to serve your position.

As a result, your settlement will bear the mark of the legal system. It will be subject to other people’s opinions and judgements on the division of your former life. It may not satisfy your divorce goals or even benefit your family. The settlement will be derived from either your attorneys, negotiating back and forth while following legal protocol, or a judge in a cold courtroom. Unfortunately if you are not able to agree with your spouse, taking litigative action becomes a necessary step.

Mediation and collaborative offer a thoughtful process of uncoupling.  By focusing on what matters to the family and using a neutral fact-finding process, families are able to retain control. The process enables to uncover their divorce goals and create a conducive negotiating environment. In interest-based, the objective is to make smart decisions that result in win-win settlements. The law does not take an overarching role but rather a supportive one; your divorce goals and family priorities are just important to the decision-making process as the law.

 

Despite common misconceptions, 95% of divorces settle without trial (Camp 2016). When using litigation, the path to resolution has a higher tendency to create animosity amongst the couple. It is a long and intensive process that evokes a lot of uncomfortable emotions. After all the costly fighting you have to still negotiate with your former partner. Else risk the judge’s gavel.

In mediation and collaboration, you are set up for success from the initial stages. It is your commitment to the process dictates the flow and outcome.

 

If you would like to replace fear with facts, contact hello@mywealthanalytics.com or call 402.430.3092!

 

This information is for general education purposes; this is not to be considered legal/ tax/ or financial advice.

 

 

Works cited

Camp, M. (2016, July 21). The advantages of settling out of court. Retrieved February 18, 2021, from https://mensdivorce.com/advantages-settling-divorce-court.

Litigation. (n.d.). Retrieved February 18, 2021, from https://www.merriam-webster.com/dictionary/litigation