Most divorcing spouses want the process to be as quick and painless as possible. Sometimes, that’s easier said than done. It must be determined what both parties expect when dividing assets or deciding where their children will live.
When disputes exist, spouses must determine if they are so far apart, that only a judge can make decisions for them. Most divorces never go to trial, and differences are often worked out through negotiation, mediation or collaborative law.
Choose reason over emotion during a divorce
Working out differences through alternative dispute resolution (ADR) is a more peaceful, less costly and private way to settle your divorce. Despite understandably strong emotions over ending a marriage, there are four factors to help you logically decide how to proceed:
- How much time will my divorce take?: Going to trial can take more than a year, depending upon court schedules. Settlements typically take a few months.
- How much will it cost?: Each divorce is different, but trials can easily run well into the five-digit range, and high-asset divorces can even reach six figures. While each settlement is also unique, they typically can be accomplished for a few thousand dollars. The longer the process takes, the more it will cost.
- How much stress can I handle?: Long, drawn-out, and costlier divorces will only increase anxiety for you and your family. Working together allows you to keep the details of your divorce private, and it lets you control the process. It can also lead to an amicable framework for resolving future disagreements.
- How do I achieve the best outcome?: Of these four considerations, this may be the only one where going to court is necessary if your spouse makes unreasonable and stubborn demands over how much time you spend with your kids or their share of marital assets.
Finding the right strategy
In many cases, high-asset divorces require a sophisticated approach to preserve a person’s financial security. Many of these clients’ needs are best-served by board-certified specialists in family law.
Lawyers who handle these cases understand when ADR methods may be the best way to address their clients’ goals. However, if litigation becomes necessary, specialists have the experience to argue these cases before a judge successfully and discretely handle private family matters.