Should I avoid court in my divorce?
When you got married, you likely never considered that the marriage wouldn't work. The moments during your wedding maybe were so joyful that you could never imagine you would ever be arguing with your spouse about who should get what and how the kids would be shared after a divorce.
Once people who are in the divorce process get over the surprise of that reality, they are faced with logistics. How will your divorce get finalized? What process will work to get you to the next chapter you want? For some, litigation is the answer.
What does that mean? Litigation in divorce means that your family law process ultimately needs the oversight of the court. This most likely is the result of acrimony among estranged spouses. Other common candidates for divorce litigation are high-asset cases wherein there are significant property division disputes to clear up.
Lots of divorcing parties, of course, will try to avoid litigation. Going through a trial can make a divorce more public, emotional, stressful and expensive than some might want. It is not only respectable and understandable to try to avoid litigation, but it is a common occurrence. Forbes notes that about 95 percent of divorces in the country are settled outside of court.
What is best for one (or even the above-noted 95 percent of cases) might not be what is best for your unique family law situation. Work with a trusted and experienced lawyer who has both the skills to negotiate and litigate. Facing your spouse in court and debating emotional issues at trial can sound unappealing. Sometimes, it is truly the only way to protect your best interests.