Jackman & Kasody PLLC

During a divorce, a Michigan couple has the choice of negotiating a settlement or going to court. With proper preparation, negotiation may be possible. However, for this to be successful, people should understand their finances, state law and their priorities as well as those of their spouse.

Getting a clear picture of finances can help a person begin to understand how property might be divided as well as whether it is likely that one will pay spousal or child support to the other. An attorney can help a person with this assessment based on state law. The attorney also might be able to prepare the client for potentially the best and worst outcomes. With these in mind, a person can decide whether litigation or negotiation is the better choice.

Negotiations will be more effective for people who understand their own and their spouse's wants and needs. People should make a budget and think about what the main priorities will be after the divorce. With these points in mind, they may be able to get the spouse to agree to most of them.

One advantage of negotiation over litigation is that if the couple goes to court, the judge might make a decision that neither party is happy with, but they may have no resource. Negotiation with the assistance of Oakland County divorce attorneys may allow room for more creative solution to problems of property division and child custody. For example, if parents want to sell the family home but the market is not very promising, one option could be having the children stay in the home while they take turns living there. This could help children adjust, and after a year or two, if the market for selling a home has strengthened, they could sell it and split the proceeds.

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