What is leverage in divorce negotiations?

On Behalf of Godley Law Firm |

Sep 12, 2024

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Divorce

Leverage in divorce negotiations can significantly influence the outcome. Understanding the factors that create leverage, especially in emotionally and financially complex divorces, is important for anyone going through this process.

Financial leverage in divorce

Financial standing can significantly impact divorce negotiations. Louisiana follows community property laws, which means that assets acquired during the marriage are generally split equally. One party may hold leverage if they maintain more detailed financial records or access greater financial resources. Transparency with assets and knowledge of the other party’s financial situation shifts the dynamics in negotiations, offering a stronger position.

Custody-related leverage

When children are involved, custody negotiations become a focal point. Louisiana courts prioritize the best interests of the child. One parent may hold leverage if they serve as the primary caregiver or provide a more stable living situation. If one parent has a history of neglect or misconduct, the other parent can use that information to strengthen their position in custody discussions.

Emotional and legal leverage

In many divorce cases, emotional leverage plays a subtle yet impactful role. One party may use past behaviors or actions to influence the other’s decisions. This is particularly true if those behaviors affect the family’s well-being. Strong legal knowledge and familiarity with Louisiana law can influence the balance in divorce negotiations, creating a more favorable position.

Gaining stability

Leverage in divorce negotiations allows one party to influence outcomes. Understanding these elements helps individuals navigate the process more effectively. It also allows them to focus on gaining stability for themselves and their families during a challenging time.