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Tips on the process of divorce litigation

In Chicago and elsewhere, collaborative divorce and mediation are growing in popularity. If spouses can negotiate their divorces amicably and come to a mutual agreement, then collaborative divorce and mediation are a reasonable option. However, there are situations in which divorce litigation is a preferred choice.

There are some things to keep in mind when litigation is inevitable. The first step is to learn what to expect. Divorce litigation will take time. Some cases take months, or even years, to resolve. In addition, one or both parties may be frustrated with the results. Litigation is often the most beneficial way to protect spouses, children and assets.

Another factor to keep in mind is the cost. If a lawyer is able to protect a spouse’s assets or arrange for generous spousal or child support, then the investment is worthwhile. Spouses are encouraged to settle as many of the details as they can prior to litigation. By reducing the number of issues to be litigated, spouses can save both time and money.

Spouses are encouraged to read through all paperwork very carefully before signing anything. Read through the documents more than one time and ask a trusted friend or relative to review it. It is important, however difficult, to try to keep emotion out of the process. Attorneys can provide buffer zones between emotional spouses.

If it seems likely that a divorce will require litigation, it is a good idea to retain a lawyer early in the process. An experienced, contested-divorce lawyer might be able to help a spouse prepare for divorce. The lawyer might be able to help prepare a divorce strategy. In addition, a lawyer might be able to provide representation in court if necessary, and negotiate with the judge for the best possible outcome.

Source: Huffington Post, “Divorce Process: Readers Share Their Tips On Divorce Litigation“, May 29, 2013

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