How Can I Win in Divorce?
Have Reasonable Expectations
In order to “win” in divorce, you need to have reasonable expectations of what “winning” really means. Winning often means many things to many different people: some may feel like they won if they got half of everything while others may feel like they won only if they get everything that they asked for. Many people agree that they just want the divorce to be fair, which can even cause disappointment because what the law says is fair may not be what you think is fair. In order to “win” in your divorce, you need to be very clear about what winning means to you. Don’t just say, “I just want it to be fair,” “I just want half of everything,” “I just want 50/50 custody,” etc. What exactly does fair look like to you? Splitting everything in half isn’t as simple as it sounds; what does getting half of everything look like to you? Once you have the answers to these questions, you should consider speaking with an attorney who can help you determine whether or not what you’re asking for is reasonable. It is very common for attorneys representing the petitioner to ask for the best-case scenario in the petition to divorce in order to start the negotiation process. You will need to be prepared not to get everything you asked for initially.
Hire the Right Attorney
Not everyone needs the most expensive attorney they can find. Though there may be some truth to the saying, “you get what you pay for,” that isn’t always the case, especially when it comes to divorce. You can pay for the most expensive divorce attorney who is known for representing celebrities, but that’s likely not necessary if you have an amicable divorce with no assets to divide. Rather than focusing on hiring the best you can buy, you ought to be focusing on what the best fit for you and your case is. There are many attorneys who prefer to handle cases where their clients are unlikely to go to trial or spend four to five years arguing back and forth—and this may be a better use of your resources if you don’t have a high-conflict divorce with a complicated marital estate. It’s very important that you find an attorney whose personality is a good fit for yours and whom you can trust.
Let Your Spouse Win Too
You can ask for anything, but your spouse will ultimately have to agree to it, and the more unreasonable you are, the less likely it is that your spouse is going to agree to what you’re asking. A common divorce strategy is to have one or two things you’re really serious about getting and being willing to negotiate on everything else. A lot of people want the most desirable custody arrangement possible, for instance, and they’re often willing to give up quite a lot in order to get more custody. But that’s the catch: they have to “win” too. There’s no way that you can demand that you take everything in a divorce and that your spouse won’t get anything or is forced to take on the debt. Sure, your spouse may be willing to give up a lot in order to get what they want, but rest assured that they will be getting something. Nobody’s going to force them to sign a decree that is blatantly unfair and, if you go to court (which you will if you persist in asking for something completely unreasonable) you would not likely be able to expect the judge to rule entirely in your favor.
Focus on Only a Few Things
As previously mentioned, you can’t have everything, but you can likely negotiate the things that are important to you. An attorney can help you prioritize what you want from the divorce and help you negotiate efficiently in order to get it or get as close to your ideal situation as possible. An attorney can also help prevent you from giving up too much in order to get what you want. While it’s unlikely that you’ll get absolutely everything, you can very come out of the divorce with a reasonable divorce decree. However, it’s important to understand that what may feel fair or reasonable to you may be different from what actually happens.
When You Need Legal Advice
It can be difficult to know for sure what’s reasonable to expect during the divorce process. While there is a lot of information online, not all of it is good information and even the good information may not be relevant to you and your situation. If you’re trying to get the best case-scenario, you need an attorney who can give you advice that’s tailored to your unique situation. If you’re getting divorced, contact CoilLaw today to set up your initial consultation.
