A sound San Diego divorce strategy should involve give and take and a sound understanding that family law cases are in most situations rarely a “win” or “lose” proposition. There are absolutely specific issues and positions which cannot be negotiable and the Certified Family Law Specialists at Burke & Domercq have a proven track record of protecting our client’s interests at trial. However, the cost of your divorce and the time it takes to complete are directly associated with the ability of the parties to resolve any and all areas of disagreement associated with their divorce.
A divorce cannot be completed until every aspect associated with your divorce has been resolved, one way or another. When the parties are in complete agreement on every aspect of their divorce, it is usually only necessary to memorialize their wishes into a settlement agreement and present it to the Court for review and approval.
What happens when the parties have genuine, principled areas of disagreement? What happens when one of the parties has a personality disorder such as narcissism or bipolarism?
There are generally three ways to resolve an area of disagreement in a San Diego divorce:
- Trial before the Court
Generally speaking, the majority of disagreements in any San Diego divorce are most often resolved through negotiation or mediation. Negotiation and mediation are both about giving a little to get a little and this is why any sound San Diego divorce strategy should involve give and take.
Begin by making a list of the things which are most important to you. One of the first questions we ask our clients is “What concerns you the most,” or “What are you most afraid of?” The purpose of this question isn’t to stoke fear or dispute between the parties. It is to help our clients to focus in on the issues at hand and identify what is most important to them. What are their highest priorities? It is often helpful to go through the same exercise from your former spouse’s point of view. The more you understand what your spouse really wants, and why, the more likely it is you will be able to accomplish your own goals and objectives.
Negotiation and mediation are good examples of why a sound San Diego divorce strategy should involve give and take. When approaching an issue of disagreement it is important to frame the discussion in a manner which protects the issues which matter most without revealing how much you really wish to achieve a specific outcome.