Reaching a settlement in a divorce case will always present some challenges along the way. There are some obstacles we often see that can be avoided if you know what they are. These obstacles can range from personal attitudes to complex emotional issues. Understanding the obstacles is the first step toward addressing them and ultimately achieving a successful divorce settlement.
- Unwillingness to Negotiate: One significant obstacle to achieving a divorce settlement is when one party refuses to negotiate. This kind of behavior can make Mediation or Collaborative Divorce more difficult, as both sides in a negotiation need to be open to compromise. It is important to hire a lawyer who believes in Mediation and Collaborative Divorce and is committed to settling the case while representing your interests.
- Lack of Information Sharing: Effective communication and transparency are key to a successful divorce settlement. If one party withholds important documents or knowledge, it makes it much more difficult to reach an agreement without going down a path that would force the other party to release that information. When both parties share information, it ensures fairness and cooperation throughout the process and will save both sides money.
- Child Custody and Mental Health Issues: Child custody disputes and mental health issues can complicate divorce settlements. Since shared or joint custody is more common, it is crucial to discuss and address all aspects of parenting. If mental health problems are involved, it may be necessary to seek treatment or counseling before finalizing the divorce.
- Resistance to Accepting Help: Some individuals may resist accepting services or help they need during the divorce process. This can include therapy, counseling, or treatment for mental health or substance abuse issues. A willingness to accept help makes it much easier to move toward a settlement.
- Emotional Obstacles: Emotions often run high during a divorce, and many people experience the various stages of grief, including shock and denial, anger, bargaining, depression, and acceptance. Each person experiences these in their own manner and time frame. These emotional hurdles can delay the settlement process. Collaborative Divorce professionals, such as divorce coaches or mental health professionals, play a significant role in helping individuals navigate and manage their emotions.
- The Power of the Apology: Sometimes, a simple acknowledgment or apology can go a long way to overcome the obstacles to the divorce settlement process. Some parties may want recognition for their contributions, whether financial or in caregiving. Collaborative Divorce professionals can facilitate these conversations and help parties feel heard and understood.
While reaching a divorce settlement is challenging, it’s possible to overcome obstacles with the right approach and support. Open communication, cooperation, and a commitment to finding common ground are key factors in reaching a successful divorce settlement. Additionally, the Collaborative Divorce process can provide valuable assistance in addressing emotional and interpersonal hurdles that may arise during divorce proceedings.
Contact Family Ally If you have questions or need legal assistance regarding divorce or any other family law matter, please contact Jennifer Piper at 314-449-9800 to schedule a consultation. Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.