Deciding Whether to Settle Your Divorce Outside of Court or Litigate It

A lot of divorces are settled outside of the courtroom because most couples wish to avoid a long, costly court battle. But, sometimes, divorces can still end up in court. 

If you have children and want to spare them as much pain as possible, you can shorten the divorce process and collaborate with your spouse for a reasonable settlement. Settling your divorce without much court intervention can have long-lasting benefits for your relationship after divorce. 

Factors to Consider to Decide Whether to Settle or Not

Even if you choose to have an uncontested divorce you still need a divorce lawyer in Columbus to help you understand the perfect route for your situation. Your options can include mediation, collaborative law, or litigation. To help you decide whether to settle or litigate your divorce, here are factors to think about:

  • Time. A divorce that ends up in trial can take more than one year to complete, depending on court schedules. Thus, you will have to meet with your attorney several times, which can take time off work and live without total peace of mind until your divorce is finalized. But, when you reach a settlement without going to court, your divorce can be completed in a shorter amount of time. 
  • Cost. The longer your divorce takes, the more you must pay. Divorce trials can be quite costly. Although every case is different, settlements can usually be achieved for less cost. 
  • Stress. A contentious divorce can take a long time to resolve and take an emotional toll on all parties involved. Litigation tends to be combative while collaborative divorce and mediation have you and your spouse working together, reducing the amount of stress you have to endure. 
  • Outcome.  Often, litigation becomes necessary if one or both parties do not work together toward a reasonable settlement and outcome over divorce issues. But, reaching an agreement allows you to get a positive result. In court, a judge will decide the outcome of your divorce.

What to Keep in Mind When Your Divorce Goes to Court

Should your divorce end up in court, you should let the court hear your grievances. Keep in mind that judges want fact-based arguments on the reason you deserve more time with your children or share of marital assets. 

Unless your spouse refuses to negotiate for a reasonable outcome, working together allows both of you to take control of the divorce process. Leaving the court to decide your divorce will make your issues available for the public to know. 

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