Settlement of Your Divorce
Understanding Settlement Options in a Divorce
Should I settle my case? Of course, you should! Unless you like spending money on attorney fees, settlement should be considered. Of course, we still encourage that you hire a divorce lawyer for the settlement conference. We just suggest that you try to negotiate a resolution instead of heading to court.
Will My Case Settle?
That really depends on a lot of factors.
Because statistically less than 5% of the cases go to trial, the reality is that your case will likely settle. So, let’s just talk settlement.
Do You Need Divorce Settlement Assistance for Your Michigan Divorce?
Most people going through a divorce hope that their case can settle without the need for a trial. In some cases, where the couple has already reached a basic agreement about potentially hot button issues like division of property or child custody, the parties may try to come to an amicable settlement on their own in what is sometimes referred to as kitchen table negotiations.
In other instances, when the parties are not able to see eye-to-eye, they may work with their respective attorneys to find a way to reach agreement during more formal settlement negotiations, relying on experienced family law lawyers to do the heavy lifting when it comes to pressing for certain terms and concessions.
Sometimes the parties simply cannot come to an agreement on their own, even with the assistance of their attorneys. In these cases they may decide that working with a divorce mediator is worth a try. In the end, of course, some cases will only find a resolution through divorce litigation.
A Grand Rapids Divorce Settlement Attorney Can Guide You Through Legal Procedures
Even if you and your spouse think you can settle your divorce case easily, you are wise to seek attorney’s guidance through the process. Divorce, like other civil legal actions, is governed by laws and procedural rules. Every party to a divorce must follow the substantive, procedural, and practical aspects of pursuing a lawful divorce, including:
- Executing, filing, and serving legal documents properly
- Responding to requests for documents sufficiently and timely
- Being responsive to other discovery matters as required by law
Failure to meet the legal procedural requirements of a divorce can delay the proceedings or even result in their being dismissed.
Our Divorce and Family Law Attorneys Will Help You Reach the Right Agreement for You and Your Family
Even if you are able to navigate the ins and outs of the legal system, an attorney’s assistance is recommended during settlement negotiations. Divorce judgments are final legal decrees that must be followed unless successfully appealed. Not only is the divorce appeals process expensive, time-consuming, and has uncertain outcomes, there are very limited grounds for appealing a divorce that is settled by consent of both of the parties. You are going to want to get it right the first time.
Along with making sure you meet all the legal requirements for obtaining a divorce, your divorce settlement lawyer’s job is to offer compassionate support while also maintaining a perspective that is not skewed by relationship history and emotion.
Emotions often run high during a divorce and past relationship dynamics, and if unchecked, can interfere with the process and outcomes of divorce settlement negotiations. For instance:
- If the couple has had great difficulty resolving issues together in the past — and if one feels bullied or afraid or simply fed up with the process — they may end up giving up on what they are entitled to receive too easily just to get the divorce over with.
- Sometimes one party is so reticent to go to court that they will sign almost anything to avoid that level of conflict.
- Feelings of stress and guilt can also bear down hard on one side or the other, interfering with their ability to make rational choices that will work in the long run for both themselves and their children.
An experienced divorce settlement lawyer will act as your advocate during settlement negotiations to help keep the process focused on applying the law to the relevant issues as you work together to find favorable solutions.
Contact a Grand Rapids Divorce Settlement Lawyer Who Will Help You Determine Your Best Option
Whether you are in the final stages of finalizing a divorce settlement agreement, are in the beginning stages of your divorce, or are ready to try mediation or even consider going to court, the Kraayeveld divorce and custody attorneys can help. To learn more, reach out to us online or give us a call at 616-285-0808 to schedule an appointment.