Pros and Cons of Divorce Litigation


divorce litigationToday people are frequently going for divorce and mediation. But at times traditional litigation is the best way to get a divorce.

Hurdles of a divorce litigation:

The process is not that quick and easy. Divorce litigation requires time. It takes months and sometimes years to end up. It is often found to give frustrating results. It further requires high fees of lawyer.

There are many things that people should know before starting the divorce proceedings. Divorce litigation is usually more expensive than settling a divorce out of the court. The parties have to bear more fees of lawyers and court expenses as well.

Why people prefer mediation?

Many people are in favor of avoiding litigation by dealing through with arbitrators or mediators who bring out a settlement by helping the parties to express their wishes and to compromise and come to a conclusion.

But litigation at times becomes unavoidable. Mediation is voluntary and very confidential process. The spouses seeking for divorce appear in a comfortable way and get the opportunity to communicate with each other by taking the help of a Mediator who is a neutral person. Discussions take place covering all the important issues which are required to be addressed in order to help the parties come to an agreement which is generally accepted by the Court.

In the process of mediation, the result is determined by both the spouses.

Factors considered by courts:

The court generally considers many factors while determining the issues in a divorce proceeding. The cause of the divorce is a primary factor coupled with the situations of both the spouses.

Generally, in case of custody of children, the welfare of the child is of primary concern. On the other hand alimony is usually awarded based on the respective incomes of both the spouses and the sacrifices made by them in connection with the marriage.

Issues like division of property are judged on the basis of the property laws of the concerned area.

Some disadvantages of a divorce litigation:

1. All the declarations given by the spouses accusing each other for getting advantage get into public records which can be viewed by anyone even after many years by even their children.

2. The Court is the supreme authority to decide about whom of the spouses will get the custody of the children and the court will intervene for every change regarding the issues of the kids.

3. The result will be decided by a judge who will be in total control of your divorce.

4. Divorce litigation can be time consuming thus causing delay in getting relief for the spouses.

5. Divorce Litigation is more costly for either spouse as the average total cost is always more than that of mediation depending upon the complexities of each case.