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Why litigation is often the best choice for divorce

Going through a divorce is a daunting experience. With so much to consider, including your mental, emotional and financial well-being, as well as that of your children if you have any, it’s understandable that many people want to get their divorce over with as quickly as possible.

Moving on emotionally is important, but many divorces are contentious and if you aren’t prepared to fight, you may be selling yourself short.

While there are options other than litigation, having an experienced litigator take your case to court can often get you the best outcome. You may have heard of other ways of handling a divorce – such as mediation – but methods that are based around negotiation and amicable settlement aren’t always realistic.

Why not mediate?

While mediation is a viable option in some cases, there are many situations where it is just not feasible. Mediation involves having a third party, a mediator, help couples negotiate the terms of their divorce. It’s a method that can be used for asset division, child custody and spousal support, among other issues that are determined during the divorce.

It’s great when couples are able to navigate mediation proceedings amicably, but many couples cannot. Whether that’s because of allegations of infidelity, domestic abuse or simply because every conversation ends in an argument, mediation only works when the parties are able to work together.

Leaving options on the table

Litigation allows you to lay out your case. With mediation, you may end up leaving options on the table. If you’re a parent fighting for custody of your child, or the bread winner who wants to keep what you earned, litigation may be your best choice.

Arguing your case in front of a judge allows you to fight for the lifestyle you want. In some cases, even being prepared for litigation may lead to a settlement that meets your terms before engaging a stressful and expensive trial.

It can be daunting to approach your divorce with a courtroom mentality, but it can also be the best way to get what you deserve.

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