Why might divorcing couples seek alternatives to litigation?

Divorce is often a litigated process that plays out in family court. Many spouses want to limit their time in court and choose to seek alternative options. They may try to settle their disputes through mediation or collaborative divorce proceedings.

They may attend numerous joint sessions or hire outside professionals to help them settle their disagreements. Why do those preparing for divorce often choose to look for alternative means of resolving their disagreements instead of going through traditional divorce litigation?

Limiting expenses

Divorce is costly, and litigation directly increases how much people pay to end a marriage. While spouses have to pay for outside services in a collaborative divorce or when attending mediation, the divorce may ultimately be less expensive if they successfully settle with one another.

Maintaining privacy

Divorce litigation often forces people to discuss deeply personal matters in open court. Couples can address important marital factors privately during mediation or collaborative divorce instead of airing their dirty laundry in open court.

Controlling the outcome

In a litigated divorce, a judge decides all of the final terms. Their perception of the marriage determines how the spouses share their assets and parental responsibilities.

Couples who successfully settle matters outside of court have control over the final terms of their divorces. Spouses can set custody and property division terms that accurately reflect the family’s circumstances.

Understanding what makes litigation alternatives during divorce so appealing can help people evaluate their options for an upcoming divorce. Mediation and collaboration can both be viable options for those who value their privacy, require special terms or want to limit the costs of divorce.

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