Reasons to Avoid a Contested Divorce
Divorce proceedings are never fun, but their level of difficulty and complexity depends heavily on the willingness of each party to cooperate and come to mutual decisions regarding the division of their assets, the custody terms of any children, and a number of other decisions that partners must make in the event of a divorce. Contested divorces are divorces that must go to trial because the parties cannot amicably make the necessary compromises. Mediation and collaborative divorces require the ready cooperation of both parties and they are preferable alternatives to contested divorces. Some drawbacks of a contested divorce are listed below.
- The decision the court makes in contested divorces is legally binding and may not be to the wishes of either party. When you make the decision to go to trial for divorce because there is no other way to reach an agreement, you consent to a judge making a binding final decision concerning the division of your assets and a variety of other important decisions. The decision of the judge may not reflect the wishes of either party. In these cases, it would have been preferable for both parties to come to a compromise outside of court where the decision directly reflects their wishes.
- It is more expensive to go to trial. If you have been in the middle of divorce proceedings for a while and make the decision to go trial to solve issues between you and your partner, you will end up paying considerably more money than if you could work out the issues yourselves outside of trial through mediation or other collaborative processes. Divorces are already expensive proceedings, and preventing the further loss of finances is always preferable, especially as assets are already being lost and divided.
- Compromising on decisions outside of court is more amicable and sets the precedent for cooperation. If you end up having to go to court for trial it is because there are some decisions on which you or your partner refuse to compromise and which require the outside decision of a judge. This shows that one or both partners is unwilling to compromise or cooperate, which may make tensions higher and render future necessary interactions, such as in the case with shared custody, more stressful, uncomfortable, or difficult. Choosing mediation or collaboration, on the other hand, sets the precedence of cooperation that will extend into future interactions.
If you are considering a divorce or are currently going through one, it is imperative to have a skilled and knowledgeable divorce attorney on your side, regardless of the path you choose to take for your divorce proceedings. The Maynard Law Firm, PLLC has years of experience with both trial and mediation of divorce cases and is committed to providing individualized and effective legal care for all of our clients. If you have any questions or want to speak to one of our qualified Fort Worth divorce attorneys, please contact us at (817) 335-9600 today.
To learn more about contested divorce and other possible alternatives, click here.