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Negotiation tactics for a smoother divorce

On Behalf of | Oct 24, 2023 | Blog, Divorce

According to the Centers for Disease Control and Prevention, the divorce rate in Texas as of 2021 was 1.4 per 1,000 people. Divorce is a challenging and emotionally charged process, but it does not have to be an all-out battle.

Effective negotiation tactics can make the divorce process smoother and less adversarial. While it is tempting to let emotions take the reins, employing the right strategies can help you and your spouse reach a fair and amicable agreement.

Open communication

The cornerstone of successful negotiation is open and honest communication. Create a safe space for you and your spouse to express your concerns and needs. This builds a foundation of trust, which is important to successful negotiation.

Clearly defined goals

Before entering into negotiations, define your objectives and priorities. Understand what you need and what you are willing to compromise on. This clarity will guide your discussions and prevent unnecessary disputes.

Active listening

Listening is as important as speaking. Take the time to listen to your spouse’s concerns and perspective. Demonstrating that you value their input can create a more cooperative atmosphere.

Calmness and respect

Emotional outbursts can derail negotiations. Maintain your composure, and treat your spouse with respect. Even when disagreements arise, maintain a civil tone and avoid personal attacks.

Interests, not positions

Rather than taking rigid positions, concentrate on the underlying interests and needs of both parties. By doing so, you can identify creative solutions that meet those interests.


Prepare to give a little to get a little. Successful negotiation involves finding a middle ground that both parties can accept. Compromise does not equate to giving in. It is about finding solutions that work for both parties.

Objective criteria

Refer to objective criteria, such as fair market values, when discussing assets or property division. Relying on facts and data can reduce subjective disagreements.


While it is essential to allow time for negotiations, setting deadlines can help prevent them from dragging on indefinitely. It can also create a sense of urgency, motivating both parties to reach an agreement.


Maintain records of all discussions and agreements. This documentation can help prevent misunderstandings and provide clarity on decisions.

A smoother divorce is achievable through effective negotiation.  While emotions may run high, employing these tactics can help you and your spouse reach a fair and amicable agreement, ultimately paving the way for a more peaceful future.

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