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Why You Should Do Your Best to Avoid Divorce Litigation

Most divorce attorneys will try to guide their clients to collaborative divorce methods or mediation to help them avoid divorce litigation. This is because if a case reaches the litigation stage, it is likely to become quite drawn out and significantly more expensive.

A divorce is already costly and emotionally traumatic enough even when it’s relatively cordial as far as divorces go. But it gets so much worse when litigation enters the picture, and you have lengthy battles over subjects like custody, support and asset distribution.

Therefore, it’s in both parties’ best interest to avoid divorce litigation. Here are some of the ways you can do so.

  • Be civil: One of the biggest reasons divorce cases tend to go to trial is because one or both parties are unable to remain civil. If you can’t agree on anything or fight constantly over the issues, you’ll never make any progress and it will be left up to the courts to make the important decisions for you.
  • Compromise: You don’t have to give in on every issue, but you should at least be willing to negotiate in good faith and be open to compromise on certain issues to build momentum in those negotiations. Both parties aren’t going to get everything they want—that’s just the way it goes with divorce.
  • Don’t try to “win:” If you go into the divorce with the attitude that you are going to try to dominate the outcome or “win” the divorce, that’s only going to make your spouse dig their heels in. Don’t try to get more than your fair share—this goes along with negotiating in good faith.
  • Be a good listener: If mediation is going to work, you need to actually listen to what your spouse is saying, and understand their mindset and priorities.

For more tips about how you can avoid divorce litigation, contact an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.

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Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


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