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Are you really ready for litigation?

Divorcing spouses are often dealing with painful emotions toward each other, from bitterness and anger to sadness and hostility. When people feel this way, they may think that the only way to resolve the situation is with a contentious battle in the courtroom.

While you might think that you want to litigate your divorce, you should stop and think about what this will actually mean for your case and your future.

Lengthy, costly

Going to court is often more expensive and time-consuming than methods like mediation. You can pay high costs and fees as your case makes its way through the complex court system, which can take much longer than you might expect.

While you might be prepared for a fight right now, in the coming weeks or months, you could change your mind as the legal process crawls along. Instead of moving forward, you can still be dealing with the court system.

Relinquishment of control

Going to court takes the decision-making authority out of your hands and puts it in the hands of a judge you likely have never met.

While this may feel right and necessary in the heat of a divorce, keep in mind that the decisions reached during this time will affect your family and finances for years to come. 

Creating conflict

Litigation pits spouses against each other, and this can create or exacerbate conflict. As this article on divorce litigation notes, the process creates bullies and encourages fighting to win versus working together.

This can feel good if you are the one "winning," but keep in mind that battles like this can cause scars. This is especially true if you have children who witness high-conflict exchanges. Of course, this doesn't always happen, but if it does, it can take years to recover from the damage of a bitter, drawn-out divorce.

Weighing your options with legal guidance

Whether your case goes through litigation or mediation, you will want to understand how the options might affect your specific case. Therefore, before you make any decisions on how to resolve divorce-related matters, it can be prudent to consult an attorney who can help you examine your options and pursue a fair outcome, regardless of the setting.

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Evans Family Law
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