Reaching a consensus with your soon-to-be-ex spouse on matters such as property division, child custody, and spousal support can be challenging. You may both enter settlement discussions with strong opinions about how these matters should be approached. If your divorce has been stressful or contentious otherwise, settlement negotiations may feel unproductive.
These tips from experienced family law attorneys can help you negotiate a divorce settlement in Virginia effectively.
Maintain an Open Discussion of Property Ownership and Marital Assets
Entering divorce settlement negotiations with surprises about assets you hid or property that is actually in your name instead of your spouse’s won’t fuel productive, open conversations. Instead, you and your spouse can both benefit from being open and honest about all marital assets you will be dividing during the divorce.
Concealing assets can be considered unlawful and lead to penalties. If you want to protect certain assets during equitable distribution, hiding them will not accomplish this goal.
Keep Emotions at Bay and Focus on the Facts
Negotiating a divorce settlement in Virginia can certainly be an emotional experience. You may be asked to part with property or certain assets that have sentimental value or that you assumed would always be in your possession. Other elements of the divorce can also bring up complicated emotions, impacting your state of mind during settlement discussions.
However, maintaining composure during negotiations may be beneficial as you seek to reach an efficient, mutually agreeable settlement agreement. Your spouse may be more likely to agree to an outcome that comes from a rational position rather than an angry, hurt, or frustrated one.
Consider Using Mediation To Attempt To Reach an Agreement
You may want to avoid going to court and having a judge decide on essential matters like property division and spousal support. But you may also be unable to reach a resolution on your own.
Mediation is a form of alternative dispute resolution (ADR) that invites a trained, neutral third party into your settlement discussions. This professional listens to both of your perspectives and may meet with you separately to gain a deeper understanding of your goals and point of view. While they do not make decisions for you, they can help you brainstorm outcomes that support both of your goals.
Focus on Long-Term Outcomes Rather Than Short-Term Goals
It may be challenging to see beyond your divorce and into the years and decades ahead, but the decisions you make and settlements you agree to now will have a lasting impact. Focusing on the long-term outcomes of the divorce rather than your short-term goals may help you maintain composure and ensure that your settlement agreement accounts for big-picture factors.
For example, how will a custody arrangement impact your children both now and in the future? How will losing certain assets, such as the family home, affect you long-term? Issues that feel significant now, such as paying your spouse alimony, may be less concerning down the line.
Have an Experienced Divorce Attorney Represent You in Negotiations
If you want to protect and advocate for your interests as you negotiate a divorce settlement in Virginia, having a trained and experienced divorce attorney on your side can help. An attorney can approach negotiations from a professional, experienced perspective and help you understand what you are agreeing to before you sign a settlement agreement. They can advocate for your interests and steer you away from purely emotional tactics.
Holcomb Law, P.C., represents Virginia clients at every step of the divorce process. Contact us today at 757-LAWYERS to request a legal consultation.
