Divorce – Negotiation vs Litigation – What are you fighting about?

Posted on October 20, 2014

by Margie Connolly

Margaret McCullough Connolly, Sugar Land Attorney and Counselor at Law

Divorcing couples in Texas may acknowledge that no two divorces are the same. While many couples manage to keep their divorce amicable by resolving all or most issues before going to court, other couples have to go through litigation in order to protect their interests. Some situations leave couples no choice but litigation, including when one spouse is abusive, self-obsessed and/or unwilling to compromise. However, such contentious divorces are in the minority, as only about 5 percent of all divorces fail to reach agreements out of court.

For couples that reach a point in the negotiation or mediation process where it becomes clear that issues cannot be resolved, it may be time to consider litigation. Because litigation can be a lengthy and costly process, individuals may want only to take this route after careful consideration. Some aspects to ponder before deciding include the assessment of each party’s emotional state. Thinking emotionally instead of financially could be detrimental to an individual’s life post-divorce.

Couples would be wise to analyze what they are fighting about. For instance, if the dispute is about the amount of child support or alimony that should be paid, mediation may eventually bring agreement. On the other hand, if the dispute is about whether support should be paid at all, the court may have to make a decision. Individuals may also want to contemplate whether they are financially strong enough to be able to afford litigation, as well as the impact the stress of litigation may have on the family.

Lastly, each spouse may wish to bear in mind that their interests and futures may be placed in the hands of a judge who knows nothing about either one of them. Texas couples that decide to opt for mediation and negotiation after carefully weighing the pros and cons of divorce litigation may find that mediation services are readily available. When litigation is unavoidable, it may be wise for each spouse to surround themselves with an experienced team to protect his or her interests in litigation.

For more information visit https://mmconnollylaw.com