Although some divorces can resolve amicably and both parties get what they want, that isn’t always the case. In many instances, divorce settlements are hard-earned, and you have to have a solid legal strategy going into settlement discussions if you want to protect your interests as fully as possible. But figuring out the best way to approach your settlement talks can be tough.
The good news is that you don’t have to get tangled up in the legalese oftentimes associated with marriage dissolution. Instead, you can focus on implementing a few common strategies that’ll hopefully help you secure the fair and just outcome that you want. Perhaps one of the most important is leverage.
How to use leverage to your advantage in divorce negotiations
Everyone has certain basic needs that have to be fulfilled. Once those basic needs are met, an individual will seek higher level needs, such as those that are psychological in nature. And the longer someone goes without having their desired needs met, the more aggressive they’ll be in pursuing them. You can use this reality to your advantage. Here are some ways to do that:
- Identify assets that your spouse needs: If you can figure out which marital assets your spouse needs post-divorce, then you’ll be in a strong position to hold those assets back until your spouse gives in to what you’re requesting out of your divorce. For those who are averse to conflict, it can be tricky to hold out on this strategy if their spouse becomes angry, but if you’ve positioned yourself correctly here, then you have the upper hand and can steer the outcome of your divorce settlement to a large extent.
- Use privacy to your advantage: Litigating in a divorce in open court makes it a matter of public record. By negotiating divorce settlement, though, you keep your marital affairs private. That can be a major negotiation strategy if your spouse has secrets that they’d rather keep private. In that case, you can use sensitive information about your spouse and your marriage as a talking point to try to ensure an outcome that is fair and favorable to your position.
- Take control of the process: If you step into your divorce prepared with a strong legal strategy, then your spouse may be taken aback, left backpedaling as you navigate the marriage dissolution process. As a result, your spouse might feel like they’re playing defense the entire time, which allows you to go on the offensive and aggressively advocate for what you want out of your divorce settlement.
- Be informed: You don’t want to walk into your settlement negotiations without a clear picture of all the issues in play. In property division, for example, you might lose out on significant assets if you don’t understand the nature and extent of the marital estate. So, be diligent in assessing the legal issues you’re bound to confront so that you can develop competent legal strategies that speak to them.
Don’t leave your divorce to chance
There’s too much on the line in your divorce to put forth anything other than a well thought out legal strategy. After all, a bad divorce can leave you in a financial predicament with limited time with your children. To avoid that sort of outcome, be thorough in analyzing the legal issues before you and gaining a command of the facts. By doing so, you’ll be better positioned to advocate for an outcome that sets you up for a successful post-divorce life.
