The last few articles have focused on three methods for avoiding going to court during your Oregon divorce. We have taken a more in depth look at both uncontested divorce and mediation as non-court solutions to divorce in the last two articles. This week we will look at negotiation as a way to avoid Oregon divorce court. At Brasier Law we have found negotiation to the an extremely important method for creating a successful resolution to a divorce case.
Probably the most important thing to look for when finding a family law attorney is to find a good negotiator. Some attorneys are stronger as a litigator, some as a negotiator, and others have a different skill set entirely. When you search for a lawyer, find someone whose skill set runs closer to a negotiator.
The reason for this is that it is almost always a good idea to avoid going to trial. Many people dream of their day in court as some glorious moment where they will finally win, showing their spouse to be the pain in the butt they have known them to be, but that isn’t how trial goes. Trial is all about rules and procedures, where almost nobody walks away happy. Judges are ill fitted to make decisions about custody, parenting time, and money stuff, not because of any lack of competency on their part, but because their hands are usually constrained by legal precedents and formalities. If at all possible, it is best for you to be able to work out a plan with the other party that both of you can live with, rather than relying on the judge being on your side in a formal trial.
How Can You Interview a Divorce Attorney to Find One that Strives to Use Negotiation?
Negotiating a resolution to a case is a skill that is critical to settling custody cases. Most divorce or custody cases are resolved by an agreement being reached before trial, so be sure you find an attorney who understands the art of negotiations, and can be well suited to help you resolve your case without the nasty day spent throwing mud at each other in a courtroom. When you call to consult with lawyers over the phone, ask them questions about their negotiation style, and how they view the benefits of negotiation versus trial to get a sense of their personality before you choose who to hire. You can find more information about looking for the right fit in an attorney in our article: Three Things to Look for in a Divorce or Custody Attorney. We generally think it is a good idea to talk with three attorney’s to make sure you have the best fit and are confident in the advice you will receive, as this is an important part of making negotiation successful.
We hope that the last few weeks have given you a good look at some ways that you can successfully find non-court solutions to your divorce or custody case in Oregon.