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How to Reach an Agreement in Divorce: Practical Steps for a Less Contentious Process

Posted on December 19, 2024 by Desiree Good

Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce process is reaching an agreement on key issues such as asset division, a parenting plan (if you have minor children) and support payments. With the right approach and mindset, however, it’s entirely possible to come to an agreement that is respectful, efficient, and fair for everyone involved.

Here are some practical steps to keep in mind to minimize conflict while securing a resolution.

  1. Start with a Calm Mindset

The emotional turmoil of a divorce can make it hard to think clearly, but maintaining a calm mindset is crucial for finding resolution. Taking the time to reflect before discussing the terms of your divorce can prevent rash reactions that might escalate conflict.

  • Take a break if you’re feeling overwhelmed or emotionally charged.
  • Consider counseling or therapy to work through any intense feelings of anger, sadness, or frustration.
  1. Focus on Common Goals

It’s easy to get bogged down in the specifics of who gets what or how much support is owed in a divorce, but focusing on the bigger picture can help you work towards a resolution. Try and keep in mind that both you and your spouse likely share common goals, such as:

  • Ensuring the well-being of your children.
  • Dividing your property and assets fairly.
  • Minimizing the emotional toll on everyone involved.

Start by discussing these overarching goals rather than getting caught up in the specific details right away. By establishing a shared focus, it can make it easier to negotiate and collaborate.

  1. Keep Communication Civil

Effective communication is one of the most important factors in reaching an agreement. While emotional reactions are understandable, engaging in arguments or blaming your spouse will only make the situation more difficult.

  • Avoid inflammatory language: Refrain from using accusatory or harsh words that can escalate tensions.
  • Stay focused on the future, not the past: Instead of rehashing past mistakes or grievances, direct the conversation towards moving forward and finding solutions.

If direct conversations with your spouse are too difficult, hiring an attorney who communicates civilly with the other side on your behalf can be very helpful.

  1. Be Ready to Compromise

In any negotiation, compromise is key. Divorce is rarely about one spouse “winning” or “losing,” but rather about both of you coming to a mutually acceptable solution. You increase the chances of reaching a resolution without prolonged conflict if you are willing to reasonably compromise.

  • Prioritize what’s most important to you and be willing to concede on less critical issues.
  • Be open to creative solutions that may not be what you initially envisioned but that still meet your needs and those of your family.
  1. Seek Legal Advice

A knowledgeable and skillful attorney can help guide you through sticky negotiations with your spouse and assist you with formalizing the agreements you make.

Having the agreed-to terms clearly outlined in an enforceable legal document helps ensure that the commitments you and your spouse made will be followed. A well-written legal document also helps reduce the likelihood of future disputes.

Conclusion

Divorce doesn’t have to be a prolonged, bitter battle. The goal of divorce is ultimately to create a stable, sustainable foundation going forward—whether you’re co-parenting or simply moving on with your life. With the right approach, focusing on clear communication, fairness, and the well-being of all those involved, you can reach a divorce agreement that works for everyone.

If you have questions, or need assistance, the Family Law lawyers at Lasher are available to help.