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5 Ways to Get a Fair Divorce Settlement on Long Island

by | Feb 19, 2019 | divorce, divorce lawyer long island ny, Family Law Attorney, Family Law Lawyer, marital property, News and Events

When you’re heading into a Long Island divorce, it’s natural to feel apprehensive and unsure of what you should do next. You’re in unfamiliar territory, which can be made harder if your spouse is being difficult or is unwilling to compromise. You may be worried that you won’t get a fair divorce settlement and you’ll be left with little to nothing to start your new life with. Here are 5 effective strategies to help you present your best case for a settlement that you and your lawyer decide is appropriate.

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#1. Learn Your Legal Responsibilities (& Your Rights)

When you enter into a dissolution of marriage on Long Island, you have certain responsibilities and rights. For example, you have the responsibility to provide financially for your children, whether you are the custodial parent or not. You have the responsibility to return your child to your ex-spouse at the agreed upon time. However, you also have a number of rights, e.g. the right to be free from harassment. Discuss with your attorney at the start of your case what your rights and responsibilities are. Meet your responsibilities, but stand up for your rights if your ex-spouse or their legal team tries to compromise them.

#2. You May Want To Try Mediation First

If you and your ex-spouse are generally agreeable and on civil terms, divorce mediation may be a good first step. It can be less costly and time intensive than traditional litigation, and you may be able to negotiate an agreement for a more favorable divorce settlement more easily than if you pursue litigation first. You and your ex-spouse can discuss the matters at hand and compromise on the various details of the agreement. If you wish, you can have individual attorneys review and counsel as you your final divorce agreement reached with the mediator. Additionally, a neutral divorce mediator can help resolve disputes, and keep records of decisions made.

#3. Establish Some Ground Rules Going In

Before you begin settlement negotiations, establish some basic rules first. For example, you can establish that neither party belittles or uses derogatory language toward the other, or that voices may not be raised beyond normal speaking level. Set whatever guidelines you need to feel comfortable discussing family legal matters, but also be aware that your ex-spouse can also establish their own rules going in.

#4. Compromise, But Not on Things Most Important to You

Decide ahead of time what is most important to you. For example, if you have children, you may be unwilling to compromise on custody arrangements. However, you may be willing to accept less spousal support in exchange for something more valuable. Keep the things that are most important to you off the negotiation table. Don’t be unwilling to compromise on anything — that tactic is rarely effective at producing a favorable divorce settlement.

#5. Be Willing to Pursue Litigation If Necessary

If you cannot reach an agreement regarding a fair divorce settlement with your ex-spouse, it may be necessary to move forward with divorce litigation. If, for example, you have compromised on every point you are willing to and you still cannot obtain a fair settlement, it’s possible that your ex-spouse is being difficult for the sake of being difficult, or in an attempt of the aforementioned. This problem can be exacerbated if your ex-spouse knows that you want to avoid litigation. Instead, let your ex-spouse know up front that you are, in fact, willing to take the case to court if you do not reach an agreement.

Contact our Long Island Divorce Law Firm Today

Divorce is challenging no matter which way you look at it. Dealing with the emotional aftermath and starting life over is difficult enough without being left with an unfair divorce settlement. Our Long Island divorce law firm is dedicated to helping clients obtain a fair and favorable settlement from their divorce, no matter how simple or complicated the divorce is. You can trust that our experienced divorce attorneys will handle your case with zeal, and if litigation is necessary, we’re prepared to aggressively advocate for you. Contact us today to schedule a complimentary divorce consultation to learn more at 631-923-1910.

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