A courtroom can be intimidating, especially when you add the stress and difficulty of going through a divorce. A common question clients ask is, “Can I keep my divorce out of the courtroom?”
With the assistance of an attorney diligently helping you negotiate all aspect of your divorce, everything from child custody to the division of assets and debts, a divorce can be settled out of court when both parties are able to reach an agreement.
What are some advantages of reaching a settlement agreement and avoiding the courtroom?
- Trial litigation can be expensive. If you are unable to reach an agreement with your spouse, your divorce case likely will go to trial. An attorney spends many more hours preparing for a trial than in negotiations alone, which is an added cost to you. Trial preparation can involve various time-consuming actions for both you and your attorney, such as finding and producing documents for evidence and conducting depositions with various parties and witnesses. Avoiding a trial can save you a significant amount of money.
- A trial can be a lengthy process. If you and your spouse are unable to agree to the terms of your divorce, a trial will be set with the court. With the court’s crowded dockets and an attorney’s busy schedule, a trial might not be scheduled for several months out. A settlement agreement is the most effective way to timely finalize a divorce.
- A trial puts decisions in the hands of a judge. If your divorce proceeds to trial, major decisions about your life will be at the judge’s discretion. This can be risky, as a judge might not rule in your best interests. Being in control of these decisions through negotiation and compromise without the court’s intervention can lead to an outcome that is best for everyone involved.
- Divorce trials can be taxing. Not only is a trial an emotionally taxing experience for both you and your spouse, but it also can be even more unsettling for your children.
An attorney can help you navigate the various avenues you can take to settle your divorce outside of a courtroom. For example, many courts offer the option to go to mediation, which involves the parties to a divorce and a neutral third party who helps facilitate agreements between you and your spouse. The mediator guides both of you through every issue of the divorce for which you have not agreed. Mediators typically have insight into how the judge likely would rule on your contested issues. With this insight, you and your spouse might decide to compromise at mediation instead of running the risk of a judge deciding the matter. Oftentimes, mediation is successful and both parties can leave content with the agreements made. Settling your divorce terms out of court can be advantageous for your wallet, your time and your family’s well-being. If you are considering filing for a divorce, or in the midst of one, speak with an attorney about the options you have to keep your case out of a courtroom.
With decades of experience on our side, the attorneys at Roth Davies are proud to serve individuals across the Overland Park area on issues related to personal injury, family law, divorce law and criminal defense. We’re here to help you find a solution.