Many divorces go through litigation. Divorce litigation means that the spouses present evidence to a judge and ask them to make decisions about splitting up their property, dividing parental responsibilities or awarding support to one’s spouse.
People sometimes think that the only way they can secure a fair outcome is if a judge really understands their side of the situation. However, litigation does not guarantee any particular resolution to custody or property division matters. A judge has to make a decision in line with state laws no matter how compelling your story may be.
If you need a specific solution in your divorce, want to minimize conflict or hope to reduce your expenses, avoiding litigation might be the right approach.
You can resolve your disputes outside of court
Divorcing couples have the option of resolving their matters outside of court. You don’t have to litigate. You can file an uncontested divorce where a judge just approves your settlement.
You can potentially have your attorneys negotiate with one another or cooperate through a collaborative divorce. You could also go through mediation or arbitration if you can’t seem to agree on what is fair without some guidance. As long as you resolve everything amicably, going to court becomes a mere formality. A judge will finalize your divorce, but the two of you will be the ones who make all the big decisions.
The benefits of this approach include lower overall expenses and more privacy during your divorce. Thinking about the different ways to handle your upcoming divorce can set you up for a less frustrating experience.