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Is litigation necessary in a divorce?

On Behalf of | May 7, 2020 | Divorce |

The idea of going to court and having a judge make decisions in your divorce does not work for everyone. If you want to have more control over your divorce, then perhaps litigation is not the answer. You have alternative options. The court does not have to decide your case. You can always settle your divorce between you and your spouse, letting the court only handle the finalization of the order. 

However, there are also many people who worry about trying to negotiate and work with their spouses to resolve their divorce. Sometimes the idea of needing to have discussions and be with your spouse again is something you feel just will not work. Either way, there are considerations you should make before you decide for or against litigation. 

Looking toward the final outcome 

The goal is to reach an outcome that is fair and works for everyone. If you foresee no possible way that you and your spouse will be able to negotiate well and come to agreements on the key issues in your divorce, including property division and child custody, then you may need to go to court. The judge will make decisions rooted in the law and not based on emotion. Sometimes it is easier to litigate because you know you will never find success through negotiation. 

Maintaining control 

One of the biggest reasons to forego litigation is to maintain control over the decisions in the divorce. When you go to court, the judge has complete control. He or she makes all the decisions. In most cases, being able to work together to end your marriage through a settlement is advantageous for both you and your spouse because you can split property how you want and work out the details of a custom child custody arrangement. 

Spending time and money 

You may want to go through mediation or arbitration if you have concerns about the time investment or cost of litigation. Typically, settling outside of court allows you to get through the process faster and at a lower cost than going to court. If you feel you can have reasonable negotiations, then you may want to at least try an alternative option before heading straight to court.