Recently I had a difficult conversation with one of my clients. He and his wife had recently separated, and he just discovered some cell phone bills showing phone calls and texts messages, hundreds of them, to another man. He was furious with her, fuming actually, and I couldn’t blame him.
Of course, he wanted to go to court and expose her for the witch she was and get divorced as soon as possible. I had the unpleasant task of explaining to him that, in his situation, he would probably spend a lot of money and get very little satisfaction from doing this. He was not a happy camper, but I had to explain to him the truth about what a court could and could not do.
If you are thinking about going to court to win custody of your children or to prove your spouse is a terrible person, think again.
If you have a lawyer telling you that going to court is your only option, question your lawyer or get a second opinion. It’s time to “get real” about the impact litigation has on families.
Clients typically believe that getting divorced means getting ugly with each other and having to go to court to get things settled. This is not true. There are a number of ways to get divorced without going to court (and without getting ugly), ways that are better for everyone involved.
And there are a number of compelling reasons why you want going to court to be a last resort for you. Yes, there are cases when there is no alternative to going to court, but honestly, they are few and far between.
Here are my top five reasons why soon-to-be exes should stay out of court:
Litigation is the most expensive and least effective way of getting divorced.
It destroys family relationships. It’s hard to co-parent after you annihilate your spouse in court.
It’s incredibly stressful for the whole family, especially your children.
It takes forever! Dockets dictate the pace of your case.
No one wins when you go to court.
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