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.
