how to get your divorce attorney to get a win

by Eliseo Stokes 5 min read

Talk with your divorce attorney about the issues you should fight over, and the likelihood of winning. Ask what a win would look like. Also ask how much it will cost you to win the issues.

Full Answer

How to win the divorce negotiation without a lawyer?

Again, being ready physically, mentally, and emotionally is important if you want to win the divorce negotiation. If you want to do the settlement without a mediator or lawyer, don’t forget to assess the following –

How to find a good divorce lawyer?

If you have decided to tread on the path of a contested divorce, do thorough research, shortlist the best of credible legal practitioners, and meet them personally. After meeting them personally, analyze the way they approach your issues. You may also seek references before you form an opinion.

Is there ever a winner in a divorce?

Divorce is difficult no matter how you look at it – some might even say there is no winner in a divorce. But unfortunately, bad situations occur – lying, cheating and abuse happens in marriages every day, which often time leads to divorce.

What to consider before contesting a divorce?

So, if you are headed towards contesting a divorce, the following are mentioned some essential tips for you to consider before you finalize any decision. 1. Hire the best attorney If you have decided to tread on the path of a contested divorce, do thorough research, shortlist the best of credible legal practitioners, and meet them personally.

image

How do you win everything in a divorce?

6 Divorce Tactics to Win a CaseEstablishing a Solid Defence. In highly contested divorces, both spouses will have a reason why they believe the courts should agree in their favor. ... Forming an Attack Theory. ... Building a Compelling Story. ... Dissipating Any Anger. ... Rehabilitating Your Client. ... Negotiating the Agreement.

How do you win a narcissist divorce?

How to Divorce a Narcissist and WinUnderstand the Narc's twisted mind.Unpack your toxic relationship.Save time and money in divorce court.Obtain a more favorable settlement.Heal from the aftershocks of narcissistic trauma.Transform into a more powerful version of yourself.

What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

How does a woman protect herself in a divorce?

Gather evidence of a husband's misbehavior or abusive actions. Stay safe and protect your children. Update paperwork and beneficiary designations after divorce. Ensure that your future is protected before you finalize a divorce settlement.

Will a narcissist drag out a divorce?

By definition, a narcissist is unable to compromise and empathize with others. They may seem unfazed when it comes to your best interests, or even the best interests of their own children. But there are more complex factors that drive the narcissist's tendency to drag out divorce.

How do you outsmart a narcissist in court?

How to Deal with a Narcissist in Court ProceedingsCommon Narcissistic Traits. Exaggerated self-importance (feelings of superiority without achievements to support it) ... Don't Engage. ... Shield Your Kids from the Conflict. ... Don't Expect Mediation to Work. ... Document Everything. ... Be Prepared to Explain Narcissism to the Judge.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

What is the usual split in a divorce?

Parties' ages and the length of the marriage The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce.

Who suffers the most in a divorce?

menBoth ex-spouses take a loss, but typically, men suffer a larger hit to their standard of living than women — between 10 and 40% — due to alimony and child support responsibilities, the need for a separate place to live, an extra set of household furniture and other expenses.

What can you not do during a divorce?

What Not To Do During DivorceNever Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse. ... Never Ignore Your Children. ... Never Use Kids As Pawns. ... Never Give In To Anger. ... Never Expect To Get Everything. ... Never Fight Every Fight. ... Never Try To Hide Money. ... Never Compare Divorces.

Is my wife entitled to half my house if it's in my name?

Whether or not you contributed equally to the purchase of your house or not, or one or both of your names are on the deeds, you are both entitled to stay in your home until you make an agreement between yourselves or the court comes to a decision.

How does a narcissist behave during divorce?

Narcissists feel superior to others and have very little capacity for empathy. This makes them extremely problematic to deal with, especially during a divorce. You do not have to be a victim of your narcissistic spouse.

What does a narcissist do after divorce?

A narcissist after divorce is still a narcissist, and she will likely continue to try to make your life difficult while putting herself on a pedestal. If you have child custody, child support, or spousal maintenance order, it's possible your ex will try to return to court at some point to have these modified.

How does a narcissist react when they can't control you?

Narcissists also gaslight or practice master manipulation, weakening and destabilizing their victims; finally, they utilize positive and negative emotions or moments to trick others. When a narcissist can't control you, they'll likely feel threatened, react with anger, and they might even start threatening you.

What to say to disarm a narcissist?

What to Say to Disarm a Narcissist“I don't agree with you, but you have a right to have your opinion. ... “You are certainly entitled to your opinion. ... “We can agree to disagree.”“We will work on this together.”“Let me ask your advice on this. ... “I hear what you're saying.”“I'm sorry you feel that way.”More items...•

How to win a divorce negotiation?

Expectations should also be set so your priorities and your demands will not be swayed. Again, being ready physically, mentally, and emotionally is important if you want to win the divorce negotiation .

How to prepare for divorce settlement?

This will help you prepare yourself in handling your own settlements. 1. Divorce negotiations – the basics. Starting a divorce negotiation for the future well being of yourself and your children is no joke. You have to be ready for what can happen, not just with the legalities but also mentally and emotionally. 2.

What is the purpose of divorce negotiation?

The main purpose of a divorce negotiation is to memorialize any contracts between the divorcing couple for the following but not limited to –. Before any negotiation can be made, it is vital that you know your priorities. This way, you can lay your terms with confidence.

What to do if you are not familiar with your finances?

If you’re aware that you’re not really familiar with your assets or finances, better get help. Don’t let the other party manipulate the situation just because you’re not too familiar with your finances or the process of negotiation. Get familiarized before you negotiate. 3.

When is it time to settle a divorce?

But, if the couple is sure about the decision and is already mentally and emotionally ready, then it’s time to settle. The one question to answer now is “How do I win a divorce negotiation?”

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

How to negotiate a settlement agreement with your kids?

Prioritize what’s important for you and your kids, list all your needs first before your wants or those who you think you have the right to. 2. Know your finances and assets.

How to deal with divorce on your own?

Having an attorney help you through the process can help to greatly alleviate this stress – even though you will need to provide the attorney with information, he or she will generally handle all of the paperwork and other aspects of the divorce so you do not have to. Having these tasks off your plate will bring your stress level down and give you more space to focus on other parts of your life like your family, children, or living situation.

Why do you need a family attorney for divorce?

Having a family attorney to represent you can help to avoid this type of issue during your divorce. A practiced attorney will be able to take your wishes and desires and present them to the court in a way it will understand, helping to ensure the end result of your divorce is what you intended all along. Additionally, the legal documents that your attorney prepares will help to form a divorce decree that is error free and has clear language, making it that much easier to enforce by the court.

What is the importance of having a lawyer for children?

If you have children with your spouse, it is important to seek out a lawyer who is not only versed in divorce but also in child custody laws for the state in which you live. This is especially important if you are seeking primary custody of the children that were brought into the marriage. A knowledgeable attorney will be able to explain your rights as a parent and help to build a case that will, hopefully, grant you the custody you are seeking.

Why do divorce attorneys act as shoulders?

Additionally, divorce attorneys can sometimes act as shoulders for their clients to lean on during a sometimes painful process.

What happens when an individual submits his or her own documentation for divorce?

When an individual submits his or her own documentation for a divorce, the court will have to determine what the individual desires as part of the divorce and make a judgment based on that assumption. In some cases, the judge will misinterpret the individual’s intentions and bring him or her into a legally binding agreement for something he or she did not want and produce a divorce decree that states something the individual never intended.

Why is an attorney important in a courtroom?

This is where an attorney is especially helpful – during these negotiations, an attorney will be able to protect your rights against unfair negotiations and hopefully help to bring both parties to a place of agreement outside of the courtroom.

How to avoid making mistakes in divorce?

Having an attorney represent you can help to avoid making those kinds of mistakes by understanding the legal system and being emotionally removed to make smart choices.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

How to get divorced after contested divorce?

1. Hire the best attorney. If you have decided to tread on the path of a contested divorce, do thorough research, shortlist the best of credible legal practitioners, and meet them personally. After meeting them personally, analyze the way they approach your issues. You may also seek references before you form an opinion.

What to think about when getting divorced?

If you are getting divorced, you need to think about what your goals are. For example, many people simply want to get legally detached from their spouse as quickly as possible.

How does a spouse file for divorce?

One spouse will file a petition for divorce with the court, and the other spouse will have to file a response. Then there will be a period of discovery, where the spouses can get information from each other that they will need to pursue their case.

How long does contested divorce last?

It can last for years and also cost you lofty legal fees.

What is contested divorce?

A contested divorce looks like most other court cases. If a couple cannot come to an agreement they have to go through a contested divorce. This can be extremely expensive and time-consuming. A contested divorce usually more or less follows the same steps as any other court case.

What are the fault grounds for divorce?

Fault grounds could include infidelity or abuse, for example. A person wanting a divorce would have to prove it was warranted. As a result, many couples that simply wanted to go their separate ways would have to hire a woman to pose as a mistress so that a divorce could be granted for infidelity. Today, getting a divorce is much easier.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

What is the best way to settle a divorce?

Mediation . For some parties, mediation may be an option to consider for settling your divorce. Mediation permits parties to work out their differences concerning finances and property division without litigation’s financial burden. Mediation costs parties considerably less than litigating a divorce in court.

What is the importance of a divorce lawyer?

Seek a qualified divorce attorney’s assistance to protect your rights. An attorney supports you to prevent avoidable mistakes that may cost you dearly upon the conclusion of your divorce. While expenses associated with a divorce can rise quickly, there are options available to those who need to pay for a divorce lawyer with no money.

What are the rules for a divorce?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. However, most states permit a party to withdraw from 401ks or retirement accounts to fund a divorce. In states where applicable, ATROs prohibit the following: 1 Selling, transferring, or borrowing against property; 2 Borrowing or selling insurance held for the other spouse; 3 Modifying beneficiaries on retirement accounts and life insurance accounts; 4 Changing bank accounts; or 5 Destroying or hiding assets.

How does mediation work in divorce?

Mediation costs parties considerably less than litigating a divorce in court. Additionally, mediation permits parties to work out their issues with a qualified mediator. Mediators aid parties to seek common ground so they may reach a solution. Mediation works only in situations where both parties agree to mediate.

What is a fee waiver for divorce?

Fee Waivers. All states provide disadvantaged individuals with the option to file for divorce with a fee waiver procedure. A fee waiver procedure permits you to file for divorce and ask the court to waive all court fees associated with divorce .

How to find a pro bono attorney?

To locate a pro bono attorney, contact a legal aid organization. Legal aid organizations exist in all states. If you do not live in a particular county, you may locate an attorney outside the county willing to accept the case.

Can you withdraw from a retirement account during a divorce?

However, most states permit a party to withdraw from 401ks or retirement accounts to fund a divorce.

image

Divorce Negotiations – The Basics

Divorce Is Emotional, Not A Business Transaction

You Can Ask For Help

Be Aware of Techniques Used in The Legal Battlefield

Needs vs Wants

  • Always be prepared before going into a divorce negotiation. It’s just fair to lay out your needs and it’s a good idea to do your homework before you start negotiating a settlement agreement. Prioritize what’s important for you and your kids, list all your needs first before your wants or those who you think you have the right to.
See more on marriage.com

Know Your Finances and Assets

Kids Come First

Don’T Get Your Emotions to Get in The Way

Get Help

Be Ready For Tactics