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Lowering the Temperature in Divorce

Lowering the Temperature in Divorce - A checklist for divorcing parents who want to stay out of court

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Lowering the Temperature in Divorce
Lowering the Temperature in Divorce

Strategies to Reduce Drama and Cost

  • Negotiate before filing to avoid court deadlines, formal discovery expenses, and the adversarial tone of litigation.
  • File first only when necessary, such as when there is a risk a spouse will stop providing financial support, which starts the clock for alimony or child support.
  • Choose an attorney based on goals, not aggression; "bulldog" attorneys often take control of the process and may not prioritize the client's specific objectives.
  • Set communication boundaries, such as delaying responses to angry texts and scheduling consolidated meetings instead of multiple emails to reduce billable time.
  • Focus on strategy over reactivity by identifying non-negotiable needs versus areas for compromise and understanding the spouse's priorities.

Attorney-Client Relationship Expectations

  • Clients have the ultimate say in the intention and outcome of their case.
  • Attorneys should provide guidance on whether requests are reasonable and likely to be granted by a judge, such as not fighting for college payments in Maryland where judges typically do not award them.
  • Responsiveness varies by practice type; litigators may be less responsive during negotiation phases because there are no court-imposed deadlines.
  • A good attorney asks about goals during the initial consultation rather than only discussing what they can do or what the client "should" fight for.

Professional Support Roles

  • Divorce coaches help clients move past emotion to define post-divorce goals and frame pointed questions for their attorneys.
  • Certified Divorce Financial Analysts (CDFAs) are recommended for:
    • Educating the non-financial spouse.
    • Handling complicated assets like restricted stock units or deferred compensation.
    • Determining reasonable alimony or child support when there are substantial income differences.
  • Mediators can help parties reach agreements, but it is strongly recommended that an attorney reviews any agreement before signing to ensure terms are understood and accurately captured.

Final Advice

  • Choose your battles by focusing on what matters most (financial, legal, or custody) and being willing to negotiate on less critical items.
  • Explore all process options, including mediation, collaborative divorce, or settlement negotiation, to find the best fit for the situation.
  • Stay organized and gather financial information early, as this is necessary regardless of the chosen process.

You can contact Cary Jacobson at https://jacobsonfamilylaw.com

Jacobson Family Law · Maryland, DC & Virginia ·

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