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Advice on Divorce Settlements

August 23, 2010 by ModernMom Staff Leave a Comment

You must resolve three primary issues before a court will grant you a divorce, according to Psychology Today. These three issues concern custody of the children, alimony and child support and the division of marital property. Generally, you would seek the help of an attorney to settle these issues. The settlement is the final legal agreement between you and your husband.

Negotiate

When you and your husband are trying to reach a divorce settlement, you must negotiate first. It may be difficult, but try to negotiate as much as you can before you get a lawyer involved. This will save you money. Irwin M. Pollack, a Massachusetts attorney, says on the Avvo website that you should set some ground rules and keep a good tone and manner when you negotiate.

How To Negotiate

When you start your settlement negotiation, never start with your bottom line. You need room to bargain and compromise. You should also negotiate the issue, not the position, says Pollack. For example, your position might be that you want your children to attend private school, while your husband wants them to attend public school. To discuss the issue, you would decide how much money to allocate for the children’s education.

Compromise

When you are trying to come to a settlement with your husband, try to be flexible and compromise. Using the children’s school topic, if your position is that you want your children to attend private school and you want your husband to pay for all of it, you might need to compromise and pay for some of it, says Pollack. Lawyers can resolve the issues that you and your husband can’t.

Be Financially Savvy

Know as much as possible about your finances before signing a divorce settlement, advises William Donaldson, certified divorce financial analyst, on the Woman’s Divorce website. You should determine out how much cash flow you will need throughout the years to live on. You need to understand the impact of taxes and retirement accounts on your new situation. You should pay off and close all joint credit accounts you have together.

About Property Settlement

It is better to settle the division of property between you and your husband instead of having a judge make this decision for you, according to the Avvo website. You know better than a judge what your needs are. Learn what you are entitled to in the state where you live. Consider all property, such as your home, household items, cars, retirement plans, insurance, stocks, cash and any other valuables. You might want to try using a mediator to help you and your husband come to an agreement before you turn to a lawyer.

Photo Credit

  • couple lightly arguing image by Michael Drager from Fotolia.com

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