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Avoiding litigation when drafting a property settlement agreement

Litigation over a property settlement agreement during divorce can lengthen the process and increase stress for all parties involved. Many Maryland couples have the desire to resolve the divorce process as quickly as possible but are unsure how to navigate some of the more complicated issues. It is possible to arrive at a beneficial property settlement agreement, which is simpler when couples understand how emotions and psychological elements affect the divorce process. 

While Maryland state laws will impact how property is distributed, couples can have more control over the details of a final decree by working together on an agreement. This is not always easy, especially if spouses do not get along, but there are ways to work with respective legal teams to navigate complicated issues. As men and women have different viewpoints on many aspects of divorce, property division is an issue that often pits emotional attachment to certain assets against the actual value of those assets.

In order to avoid going to court, couples may choose to handle certain aspects of their divorces by employing alternative methods to resolve disputes. This can be through mediation or basic negotiations. When there are emotional roadblocks preventing an agreement, it may be beneficial to try using an alternative dispute resolution method.

Many psychological factors will impact a divorce and may even influence attempts at negotiating a final property settlement agreement. Couples should note that disagreements may be resolved outside of court, even if they are unable to amicably discuss issues without the assistance of a third party or legal team. Carefully handling emotions during divorce may be the key to avoiding lengthy and complex litigation.

Source: apa.org, "That's mine! Property division in divorce", Ve M. Brank and Amanda B. Hussein, Accessed on March 4, 2015

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