When a divorce involves one or more issues that cannot be settled by the spouses, it typically goes to trial. Although both spouses are entitled to go to court, most experienced Long Island divorce attorneys recommend that most of their clients consider non-court alternatives first. Here are three reasons why:
Non-court alternatives may give better results.
In a setting like mediation or collaborative divorce, you and your spouse work together to settle issues in ways that work for both of you and for your children.
At trial, you and your spouse are pitted against each other in an “adversarial” format, with a judge deciding the final terms of your agreement. By attempting to work through issues before going to trial, you increase the chances that you and your spouse will “work out” property issues, support, and custody in the ways best for you. And you reserve the right to have your attorney’s help in out of court settlement, and to go to trial if no agreement can be reached.
Alternative methods may save time.
Court cases take time – sometimes, months or even years. Court calendars are usually packed, and the process of preparing for trial properly takes time. By choosing to try mediation or another out of court settlement method first, you cut down on the time it takes to settle major issues. And every issue you handle out of court is one you don’t have to take to court, which saves time even if you eventually go to trial.
Alternative methods often save money.
In addition to taking time, court cases often require money. Non-court methods of resolving divorce issues are often a cost-effective alternative to trial. Money saved in the divorce process is money available to help you establish your new household or to fund your children’s college savings accounts.