Whether a California divorce remains amicable or ends up in hostile litigation may depend in part on how the spouses treat each other while the process is unfolding. Disrespect will generally breed hostility, so spouses should make sure to be respectful while the divorce is pending.
The biggest aspect of respect is how the spouses speak to each other. A respectful tone can go a long way, and spouses should resist the temptation to be sharp regardless of the circumstances of the divorce. If there are children involved, the parents should be open and transparent with each other. If one parent seems like they are hiding something, it could spur the other to litigate. Further, parents should be willing to make schedule changes without much fanfare or drama.
When it comes to battles, many of them are simply not worth fighting. This is especially true when it comes to fights over property division. Some things do not merit the emotional and possible financial costs of the battle. Knowing when to walk away can make the difference between whether the divorce can happen without litigation. One of the most important things that a spouse can do is apologize when they are wrong. A simple apology when it is merited may disarm a spouse who is ready to fight.
A divorce attorney may be helpful in convincing their client what fights are unnecessary and keeping the divorce moving toward a conclusion. They might give their client a realistic assessment of the costs and benefits of a certain action so that the client will know whether it is worth it or not. The attorney may also give tips on how to ensure that the divorce does not degenerate into a never-ending and costly legal battle.
