Questions About Negotiation or Litigation in Massachusetts Divorces? Our Lawyers Can Help.
The divorce process can unfold in many ways. It can be hotly contested, with a full-blown trial in Worcester County Probate and Family Court. It can be an entirely uncontested divorce, with just a meeting to sign the paperwork. Most divorces are somewhere in between, but it is not always clear how to proceed and obtain the best results both now and for the long term.
Pros and Cons of Negotiation
Our attorneys at The Massachusetts Family Law Group encourage clients to use the least adversarial approach most likely to achieve the desired result. This is usually negotiation; we are tough negotiators who seek the best outcomes possible for our clients, while striving to maintain civility during the process. Advantages of negotiation include:
- Negotiation is less costly than a trial.
- Negotiation represents an effort to resolve problems yourself, rather than having a judge resolve them for you.
- Negotiation may be faster, depending on the circumstances.
Disadvantages of negotiation include working toward resolution and skipping the discovery process, the ability of one spouse to delay and drag out the process, and not getting input from the judge as to how he or she would rule should the matter be taken to trial.
Another complication is that many disputes cannot be entirely resolved through negotiation. For example, a couple may be able to negotiate property division but be unable to come up with a child support agreement. When this happens, it is still better to negotiate what you can and take the disputed matters before a judge. Almost invariably, a judge will inquire whether the parties have agreed to any of the issues and only intervene on those unresolved matters.
Begin Negotiation With a Solid Game Plan
Your first experience in negotiating starts with your own lawyer. The two of you must work together until you achieve a meeting of the minds so that what you want can be spelled out in your first written proposal to your spouse and opposing counsel.
If you haven't already done so, you need to analyze and formulate your objectives in order to actively participate in your own future. Gather the facts about what you have, what you want now, and what you wish to accomplish by the time you've changed the "I do" from your marriage ceremony to the "I don't anymore" when you appear before the court to dissolve your marriage.
The sooner you put yourself into your spouse's shoes and ask, "What would I do if I were you?" the sooner you'll be on the track toward arriving at a mutually beneficial separation agreement.
When it Comes to Negotiation, Each Judge Has a Slightly Different
Attitude
Our Central Massachusetts lawyers appear in Worcester County Probate and Family Court almost every day. As a result, we understand the preferences of each judge. Most judges appreciate the effort of couples who try to resolve problems by themselves. When we appear before these judges, when there has been prior negotiation, we make sure that we describe the couple's efforts to work together toward resolution.
Advantages and Disadvantages of Litigation
Going to court means that someone else will decide issues such as child custody, child support and property division for you. This is a major disadvantage of litigation, but if the parties simply cannot agree, it is the only alternative. However, having a third party make the decisions can be a blessing in disguise for some couples; rather than fighting, they can accept the court's decision and move forward.
Should I Negotiate or Litigate?
Contact our Worcester family law attorneys to learn more about the different ways to achieve your goals in divorce. Call us toll free at (800) 970-LAWYER.
