No one wants a divorce when getting married. That is why many do not plan with a prenuptial agreement.
It can be highly devastating to think of life after your marriage if things go south because it was one of the most crucial and fulfilling aspects of your life. Thus, many cannot think of how to “win” their divorce. However, divorce presents more losing opportunities than winning.
Despite this, you can make well-calculated choices to increase your winning chances. Specifically, these choices will significantly help you:
- Stay out of the court system
- Be forward-minded; do not look stuck in past grievances and offenses
- Prioritize you and your children’s wellbeing
This piece will focus on avoiding the court in your divorce process.
Why the Court Option Is Not Advisable
Asking a judge to resolve a divorce is often costly and unpredictable. It is financially and emotionally draining. Judges’ decisions often create a “victor” and a “vanquished.”
Partners at the receiving end of court decisions are more likely to be ineffective co-parents and highly oppositional. Hence, what appears to be a “win” on the surface is the propeller for a long-term crisis that will negatively affect the kids.
Inadequacy of the Court System
One of the risks of going to court to resolve a divorce is that many appointed judges have never represented anyone in a divorce; they know almost nothing about family law cases.
Similarly, each judge handles thousands of issues annually, so each party has a severely limited time to present their cases. While the judges try hard to be objective, they learn on the job. You cannot expect a perfect system when people learn on the fly.
Family law judges often have few or no cases concerning substantial assets or complex financial disagreements during their brief two-year assignment to the Family Law Court calendar. Thus, despite efforts to enlighten judges in trial issues, the best of them are still ill-equipped to make a decision that will profoundly affect you and your children.
Exploring Alternative Dispute Resolutions
The law offers numerous effective ways of resolving your differences without approaching the court. These include arbitration, mediation, and other approved private settlement methods. These avenues provide more time to deal extensively with complex cases, as an expert in the conflicted area will be in charge. Also, those handling the case can split it into multiple settings.
“It is advisable to explore all of the alternatives before considering the court option,” says Attorney Matthew Dolan of Dolan Divorce Lawyers, PLLC
You may not get the best outcome when you allow an overwhelmed judge to decide such a life-transforming issue for you. They will make a decision and leave you to grapple with its effects for the rest of your life.
Do Not Shy Away When Court Is the Best Option
Sometimes, alternative dispute resolutions might not be as viable as approaching the court. If that is your case, carefully prepare by gathering all the necessary information to present a compelling argument. What does the law in your jurisdiction say concerning your children and property?
Be calm and thoughtful at every point. Surround yourself with people that will help you achieve a positive outcome.
Conclusion
Avoid undue confrontations and solely focus on resolving the issues effectively. Adopt results-driven measures that focus on solutions. All parties must cooperate and consent to alternative resolutions to avoid the court.
