Article: Negotiation Vs Litigation

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ARTICLES - Negotiation Vs Litigation

You have come to the big moment, with this empty feeling in your stomach, when separation and divorce is inevitable. The big question is: Do I negotiate or litigate?

As a general rule it is always better to negotiate if the two of you believe that you can have a meaningful dialogue, albeit a stressful one. First, it is an attempt by you and your spouse to end the marriage with some civility. Second, it saves on the cost in legal fees because you have either resolved all issues or at least narrowed the issues that cannot be resolved without the help of a lawyer or other professional. Third, it is better for the two of you to resolve issues. Otherwise a Judge who knows nothing about you or your children, will make decisions that can dramatically affect everyone's future.

You may get a positive response that your spouse is willing to discuss settlement, but for one reason or another your spouse does not want to really deal with the issues now and all you get is delay after delay. In such an event, you may need to have a lawyer send a letter to your spouse for them to recognize you are serious.

There comes a time when you maybe spending more money and time on trying to get a settlement because your spouse and you can not agree. When that time comes you maybe better off filing a Court action because you are going to be there anyway.

Sometimes trying to settle before going to Court also gives you the peace of mind that you have tried your best to resolve the issues between the two of you in an amicable manner.

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YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY.

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