Since more than 90 percent of Massachusetts divorces eventually settle out of court, with some doing so at the very last minute, many couples feel that pursuing an amicable divorce from the beginning makes more sense. When both spouses agree that the marriage is over, and they wish to peacefully negotiate the terms of their divorce without litigation, there are a number of things they can do to improve their chances of experiencing a successful outcome.
- Choose the right divorce attorney for the job: Some divorce lawyers are more interested in creating an environment that encourages hostility and aggression and leads to a lengthy battle in court, resulting in extensive attorney's fees, than they are in the best interests of their clients. Choosing an attorney with the right attitude and experience, therefore, is essential. When an amicable divorce is the goal, selecting a divorce attorney who is focused on more practical solutions, and supportive of the dispute resolution option like mediation beneficial.
- Separate emotions: Divorce is often an extremely emotional experience that can easily turn into a traumatic event filled with anger, bitterness, and the desire for revenge. When individuals are in this frame of mind, poor decisions can be made that make achieving a fair and reasonable settlement difficult.Be willing to negotiate: Even when both spouses have the intention of creating an acceptable settlement, factors can be brought to light that were not previously thought of or agreed upon. When this happens, it is important for both parties to realize that everything may not go as planned, and they may not get everything they want in the divorce. Reasonable negotiation that takes into consideration the best interests of everyone involved is necessary to reap the benefits of an amicable divorce.
- Be realistic: Amicable divorce is not possible for every divorcing couple. It is vital that both spouses be realistic about their ability to negotiate the terms of their divorce reasonably, fairly, and in a civil manner. When the marriage was filled with abuse, intimidation or extreme hostility, for example, reaching a fair and reasonable settlement without litigation may not be easy.
Should you be in the midst of a diovrce or contemplating divorce, contact the Law Offices of Renee Lazar either through email or telephone to schedule a FREE one hour no obligation consultation.