Litigation. Collaboration. Mediation.
  1. Home
  2.  → 
  3. Divorce
  4.  → Reasons to avoid divorce litigation when possible

Reasons to avoid divorce litigation when possible

On Behalf of | May 30, 2023 | Divorce |

While you and your spouse likely entered your marriage with intentions to remain together for the rest of your lives, things might not always turn out as planned. However, even if it seems clear that divorce is the healthiest path forward, the idea of initiating this process can still prove stressful and daunting.

When it comes to dissolving a marriage, your thoughts might drift to a scene in which you and your soon-to-be ex-spouse face a long, heated battle in court. However, litigation is hardly the only option available, and there may be a variety of reasons why alternatives such as collaboration could prove a more viable path.

The reasons

Although there might be a variety of scenarios in which litigation may be the only path forward, there could be certain reasons to avoid that route when possible, such as: 

  • Lengthy process: One possible downside of litigation might involve the time it can take to finalize the process, as this path may prove significantly more time-consuming than some of the alternatives.
  • Costs involved: The costs involved with litigation can also prove more financially demanding, as fees and expenses may continue to pile up the longer the process remains underway.
  • Less control: With litigation, it may be up to the court to issue the final ruling on topics such as property division and child custody, while other options may provide you with greater control over the outcome of your situation.
  • High conflict: Litigation may also be one of the more contentious paths to dissolving a marriage, while alternatives such as collaboration might help limit conflict by promoting cooperation and communication.

The idea of appearing before a judge may also prove exceedingly stressful, but with options such as collaborative divorce, you might be able to reach an acceptable settlement without seeing the inside of a court room.

The process

This may only cover a few examples of reasons why it might be beneficial to avoid litigation when dissolving a marriage. While some of the alternatives may offer various benefits, choosing the best path forward can seem a stressful task, but this isn’t something you have to handle on your own. Seeking advice in evaluating your options and exploring the pros and cons of each in turn could help place you in a better position to create a strategy that focuses on protecting your future in New York.