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Why it might be better to avoid divorce litigation when possible

On Behalf of | May 16, 2024 | Divorce |

It is no secret that preparing to go through the end of a marriage can be a stressful process. If you face a similar situation in life, you might not know how best to approach the situation. While there may be several paths with which to dissolve a marriage, knowing which path best fits your situation might not always be so easy. 

While litigation is one option that may be available, there may be some inherent downsides to such a path. Knowing why it might be better to avoid divorce litigation when possible could help you prepare to address the benefits of alternative options and choose a path that best meets your goals and needs for your future in New York. 

Reasons to avoid litigation 

Litigation is hardly the only path available for dissolving a marriage, and there could be a variety of reasons to avoid divorce litigation when possible, some of which may include: 

  • Time as a factor: The topic of time is a relevant factor to consider, and it might come as no surprise that the litigation process may take much longer to finalize when compared to alternative paths. 
  • The costs: Litigation can also prove far more financially demanding than paths such as mediation, and knowing what to expect from this aspect could be integral to preserving your interests. 
  • Less control: In litigation, it might be up to the court to make the final decisions regarding your divorce. Options such as mediation could provide you with greater control over how the divorce process unfolds. 
  • High conflict: Collaborative divorce options could help cultivate peaceful negotiations, while paths such as litigation may involve higher levels of conflict. 

If you have children, collaborative divorce options could help you and the other parent work together to make decisions based on their needs, and this may also help shield your kids from unnecessary conflict. 

Evaluating your options 

While facing a divorce may rarely be easy, the situation does not have to end in an all out war in court. Sometimes a collaborative divorce could prove the healthiest path forward for everyone involved, and seeking advice on your options in this regard could prove exceedingly beneficial. This could help place you in a better position to make informed decisions about your situation and prepare to seek an outcome during legal proceedings that best aligns with your goals and future interests.