It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme.
Some people define “winning financially” as:
- coming away from the divorce action either 1) with as much money and and as many assets as one can get; and 2) with as few financial obligations (i.e., to one’s ex-spouse and children and/or to marital creditors) as possible; and
- achieving that goal by taking an ends justify the means approach (i.e., no holds barred).
Other people define “winning financially” as being treated fairly, i.e.:
- getting an equal portion of the marital assets;
- receiving or paying alimony (and if one has minor children, child support) that is set at a reasonable, feasible, and fair amount;
- not being saddled with a disproportionate amount of marital debts and obligations.
The easiest way (the risky, illegal, and immoral way, but still the easiest way) to win many issues in a divorce action, including but not limited to financial issues: skilled lying, deception, and concealment.
The right way (the honest, risky, legal, and moral way):
- first and foremost, to act in conformity with the principle of Mark 8:36 (“What doth it profit a man, to gain the whole world, and lose his own soul?”)
- understand that winning the right way takes effort and courage, and commit to exerting both to the bitter end
- know what law applies to the particular financial issues of your case
- know how the applicable law applies to the particular financial issues of your case
- acknowledge the relevant facts on both sides of the issue.
- acknowledge those of your arguments which the facts do not support.
- do not try to bamboozle the court into accepting losing arguments. That only weakens your credibility as to the arguments that favor you.
- demonstrate and articulate clearly the relevant facts that support your winning arguments.
- don’t let an inattentive, incompetent, or biased judge disregard or twist your admissible evidence, relevant facts, and winning arguments. Stand your ground. Give no quarter. Have the courage to defend your arguments when you are in the right. You will likely need to do so, at least some times in the course of the divorce proceedings, to win those arguments.
Utah Family Law, LC | divorceutah.com | 801-466-9277