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Why litigation may not be your best option in a divorce case

Why litigation may not be your best option in a divorce case

Divorce is a conflictual event by definition because at its very heart it represents the break-up of a couple. Despite the origins of a decision to divorce, the entire process does not necessarily need to have conflict and stress at every turn.

When people think of divorce, many of them picture the typical courtroom battles between ex-spouses as portrayed by dramatic movies. The truth of the matter, however, is that a skilled attorney with experience in family law can help you assess your situation and options in order to find the most expedient solution while seeking to minimize the lengthy and costly burdens of a drawn-out court battle.

Advantages to avoiding litigation

There are many advantages to staying out of the court system as you move through dissolving your marriage. One of the most important is that you have the power to make and negotiate decisions that will directly impact your daily life and the life of your children, if you have them.

If you go to court, the judge has that decision-making power. In court, you are also exposed to the risk that your ex-spouse’s legal team will likely use every tactic in its power to work against your wishes.

Another important benefit to avoiding litigation is the cost savings. There is an undisputed economic advantage to mediation over litigation, where expenses can easily run into the tens of thousands of dollars.

Alternatives to a litigious divorce

An attorney may be able to offer you various alternatives to a litigious divorce. These alternatives may be more efficient and quicker, as they do not involve court cases where a judge must review all the facts of your case and then rule on the outcome.

One of the biggest benefits to avoiding court, however, may be on an emotional level. In a nonlitigious divorce, you may walk away feeling more satisfied and in control of your future, as well as having likely avoided an immense amount of stress and anxiety that a protracted court battle often produces. Your attorney may be able to assist you through a mediation or a collaborative divorce, both of which avoid lawsuits.

These alternatives can contribute to the possibility for a healthy divorce, that is, one where family relationships are preserved to an extent that helps reduce conflict and maintain a supportive environment for children.

If you are facing a divorce, it can be helpful to ask your attorney about the pros and cons of alternatives to litigation in your particular situation. You may find that the benefits of avoiding the courtroom are such that it is worth it for you to work through your divorce in an alternative manner.

For more information, contact Louis Wm. Martini, attorney at law.

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