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Negotiation is The Fastest and Least Expensive Option to Resolve Differences in a Divorce

On Behalf of | Feb 27, 2019 | Divorce

Negotiation is the fastest and least expensive option to resolve differences in a divorce case.  Once the decision is made to consider a divorce many people want to know how long the process will take, and how much a divorce will cost.  Both questions (time and cost) are primarily associated with the amount of disagreement between the parties on all items contained within the separation agreement, and the emotional energy behind that disagreement.

In order for a divorce to be completed in North County San Diego, all issues contained within the separation agreement must be resolved. This includes the division of community property (assets and debts), division of retirement accounts, resolution of all child related issues including custody, parenting time and support as well as issues such as spousal support.

The key to a successful divorce for many is to seek a resolution to all areas of disagreement that is consistent with your goals and objectives. The experienced divorce attorneys at Burke & Domercq have decades of experience in these cases. The fastest and most effective option is simply negotiation. Our attorneys work to understand what is important to our client, and the areas where there may be flexibility. We also wish to understand issues where they are not willing to compromise.

In many cases we are able to help to resolve the areas where the parties are experiencing a challenge reaching consensus through effective negotiation. We use our experience, expertise and solutions that have worked for others in similar situations to offer alternative ideas and resolve disagreement.

Mediation is an effective medium when negotiations are not fruitful, or for resolving remaining issues that cannot be agreed upon. In mediation a third party (the mediator) works to help both parties find common ground, understand each other’s point of view and establish a productive working environment. The mediator may offer suggestions or alternative solutions, but the parties are not bound to the recommendations of the mediator.

While negotiation is the fastest and least expensive option to resolve differences in a divorce case mediation is almost always less expensive than litigation, and the issue(s) are usually resolved in a much shorter time frame.  In both negotiation and mediation the parties retain a strong degree of control and input on the process itself.  The solutions reached in these venues are often much more satisfying to the parties than those imposed by the Court.

If areas of disagreement cannot be resolved through negotiation or mediation the matter must be brought before the Court, and the Judge will impose a solution upon the parties.  Divorce cases are rarely a “win” for one side and a “loss” for the other. In our experience, both parties usually leave a judge’s decision feeling like they’ve lost a bit.

There are times where a matter of principle or genuine disagreement must be taken before a judge. Our attorneys are prepared to represent our clients through negotiation, mediation or before the Court. However, when the goal is “faster and less expensive” the parties must be prepared to approach disagreements with an open mind, and remove as much emotion from the equation as possible in order to resolve differences and ultimately complete the divorce process.  Negotiation is the fastest and least expensive option to resolve differences in a divorce case.