Tag Archives: divorce negotiations

Five Ways Your Resentment Can Undermine Your DivorceYour emotions can be one of your greatest adversaries during a divorce. It is common to feel anger and resentment towards your spouse when deciding to divorce, but those emotions are counterproductive when trying to reach a settlement. Though divorce is personal, you should try to keep your divorce negotiations impersonal. Here are five ways your emotions can work against you during a divorce:

  1. Refusing to Negotiate: Sometimes our anger leads us to avoid the people we are mad at. After a contentious breakup, you may dread the thought of having to negotiate your divorce settlement with your spouse. However, refusing to negotiate takes away your power to decide how to divide your marital properties and allocate your parental responsibilities. Instead, a judge will make those important decisions for you, without the intimate knowledge of your best interests.
  2. Public Attacks: When you are feeling angry towards your spouse, it may be satisfying to vent your frustrations to friends. Social media has made this easier and more public than before. Publicly attacking your spouse makes you look bad and increases tensions, which may hinder negotiation efforts.
  3. Continuing Old Arguments: Your divorce negotiations should focus on practical matters you need to settle. Your resentment may instead divert you into an argument about the factors that caused your divorce. When you have reached the negotiation stage of the divorce, it is counterproductive to continue these arguments. The time for discussing why you are divorcing has already passed.
  4. Hostile Attitude: You must advocate for your interests during your divorce negotiations and stand firm on the issues that are most important to you. However, there is a difference between having conviction and being combative. If you are arguing every aspect of the negotiations, your resentment may be controlling you instead of rational thought. You are wasting time and energy by fighting over issues that could be settled quickly.
  5. Vindictive Motivation: Your best interests should guide your decisions during your divorce negotiations, not your spite towards your spouse. A decision that is only meant to hurt your spouse may have no benefit to you. Instead, your vindictiveness may blind you to an option that would result in a better outcome for you. You also risk hurting your children when you make spiteful decisions.

Calming Force

Putting aside your emotions during your divorce can be difficult to do alone. A Kane County divorce attorney with Goostree Law Group can provide guidance that is based on your best interests and not your personal resentment. Schedule a free consultation by calling 630-584-4800.

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Six Keys to a Successful Divorce NegotiationParties negotiating a divorce settlement must walk a fine line between protecting their interests and cooperating with the other side. A person who acquiesces too often may end up with an unfavorable settlement. However, being uncompromising can prevent the sides from reaching an agreement. When spouses are unable to settle their divorce on their own, a court is forced to make important decisions for them. The resulting divorce settlement may leave both parties unsatisfied. If you plan to divorce, it is in your best interest to reach an agreement with your spouse on a settlement. You can improve your chances of a healthy negotiation by planning your approach to the process:

  1. Identify Your Priorities: Arguing every aspect of your divorce will slow down negotiations and create a combative atmosphere. Before negotiations start, you should determine which aspects of the settlement are most important to you. Save your arguments for those aspects, and be more willing to compromise on other aspects.
  2. Check Your Emotions: You may have left your spouse on bad terms, but that should not prevent you from being professional during negotiations. Speak only for yourself during the negotiations and keep the discussion away from unnecessary topics that may cause an argument.
  3. Tackle Urgent Issues First: There are parts of a divorce settlement that both you and your spouse are anxious to discuss. Address them early on, rather than letting them linger over the negotiations.
  4. Avoid Intimidation Tactics: Do not make offers that you know are unfair or give ultimatums. Pressuring your spouse may put him or her on the defensive, but you also risk a breakdown in negotiations. You may lose more by allowing a court to settle your divorce than if you had been willing to compromise.
  5. Be Honest and Forthright: Lying about your finances to gain an advantage will put you in a weaker position if you get caught. Be proactive in providing information about yourself as a sign that you will conduct these negotiations in good faith.
  6. Swallow Your Pride: Egos on both sides can prevent spouses from continuing negotiations or reaching a sensible agreement. Be willing to sacrifice your pride in order to prevent a break in negotiations.

Legal Guidance

When negotiating your divorce settlement, it may be difficult to know when you should be aggressive and when you should be willing to concede. A Kane County divorce attorney at Goostree Law Group can advise you on how to conduct a successful negotiation that results in the divorce settlement you need. To schedule a free consultation, call 630-584-4800.

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Illinios divorce attorney, Illinois family law attorney, property settlement, Aside from child custody, division of marital property is one of the most contentious issues divorcing couples face, especially if they entered the divorce proceeding without a premarital or postmarital agreement outlining these particulars.

The first thing to understand is exactly what assets constitute marital property, as opposed to non-marital property. The law presumes that all property acquired by either spouse during the marriage is marital property.  However, there are several exceptions:

  • Property acquired by gift, legacy or descent;
  • Property acquired in exchange for non-marital property (assets brought into the marriage) or in exchange for property acquired by gift, legacy or descent;
  • Property acquired by a spouse after the couple has been legally separated (remember that a legally separated couple is still married);
  • Property excluded by a valid agreement between the parties, such as in a premarital agreement;
  • Increases in value of property acquired by any of the above methods; and
  • Income from property acquired by any of the above methods.

Equitable Factors

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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