There is no “winning” in divorce. Divorce law is specifically designed to favor an equal 50/50 division of assets and debts accrued during the marriage and leave both parties on equal ground when the divorce is finalized. Meaning, you will not defeat your husband / wife, so don’t go into the process expecting to “win” everything.
Additionally, there is no such thing as a quick and easy divorce. Many divorcing couples go into the process thinking that it will be quick because the two parties have reached an amicable agreement however, once a divorce is underway there are many moving parts that can take up time that you and your soon-to-be ex may not have previously considered or discussed.
“Occasionally a client walks into the office with a full settlement agreement. He and his wife have worked out all of the details between themselves – the client simply needs me to put the agreement into a legally acceptable form and send off to his soon-to-be-ex for signatures. A week or so later, the client is shocked when I give him a call and tell them that his wife has rejected the settlement offer. The client is even more shocked to learn that I didn’t get notified of the rejection from his wife – I got notified by his wife’s newly hired attorney,” Rinear explains.
Even if you think everything is settled and agreed upon when going into the divorce process, little details tend to pop up that throw a wrench in it including communication, apprehension or sham agreements.
“When it comes to a divorce, the old adage applies: Hope for the best, but prepare for the worst. There is no secret to winning your divorce. Your divorce will be stressful as it is – the last thing you need is a self-inflicted wound in the form of unrealistic or misguided hopes and expectations,” Rinear concludes.