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How to Encourage Cooperation in Divorce

Probate Attorney | Stephen Marc Drucker

How to proceed when your spouse is cooperative in a CA divorce?

When one party is considering a Divorce or a Legal Separation, it is very important to consider all the options that would entice the spouse to cooperate. The simple reason for this is that the cost will be considerably less. The best way to know all the options is to consult with an experienced Divorce or Family Law Lawyer who can explain your legal rights and what is considered reasonable.

Here are 5 ways to encourage cooperation in a Divorce or, in other words, to achieve an ‘uncontested’ Divorce:

  1. Do not let emotions such as ‘getting even’ or blaming the other party get in the way of rational communication
  2. If children are involved, never speak negatively about the other parent; your response to the break-up will help the children adapt; remember, the welfare of children should be top priority
  3. Keep the lines of communication open and respect the needs of the other party; try not to react to provocations but attempt to act with respect and consideration
  4. Explain that you want to cooperate and avoid going to court
  5. Give specific suggestions with regard to issues; remember that negotiation involves ‘give & take’

You may need to consult with the Lawyer several times once attempts at negotiation have begun. The other party may make demands that you think are unreasonable. You may need to give in one area and then use this as leverage in another area.

If you have exhausted all means of getting cooperation, you may be faced with the prospect of going to court and having a judge decide on the issues. This is always the most costly option.

In essence, an ‘uncontested Divorce’ allows the parties to decide how the issues will be addressed–there is negotiation and a ‘give and take’. However, when the Divorce is ‘contested’ the decisions made at trial may not reflect either party’s desires.

If you wish to understand your legal rights and what is reasonable in your situation, call Legal Action Workshop. Our experienced Attorneys have more than 35 years’ experience and can help. You may also visit our website www.LegalActionWorkshopLAW.com for more information.

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