Should You Settle Your Divorce Outside of Court or Litigate It?


If you and your spouse have decided to end your marriage in a divorce, you may want to complete the process as quickly as possible. However, every divorce is unique. While others may easily sit down with their Boston divorce lawyer and reach a divorce settlement, others have conflicts over each aspect of their divorce. Going through negotiations can be hard; however, going to family court can also be stressful and exhausting. 

Settling Your Divorce Outside of Court

Divorce can affect your finances and be emotionally challenging. Whether you choose to settle your divorce by yourself or litigate it in court, there are significant financial costs and painful moments to expect. An experienced divorce attorney can help you craft a divorce strategy that addresses issues and protect your interests. 

Often, judges in family courts will encourage you and your spouse to navigate a negotiated divorce process instead of considering adversarial litigation immediately. If you fail to reach an agreement, your case will be heard by a court. In matters like determining a parenting plan and custody schedule, you and your spouse must decide on important matters that work for your children’s lives moving forward. 

Opting to Litigate Your Divorce

If you know you and your spouse cannot reach a fair settlement, you may not want to waste energy, time, and money going through this route. If you both have disputes over finances, you won’t be able to resolve it on your own. This is possible when your spouse is hiding marital assets. Although you may need to spend more money and time on litigation than when you choose to settle your divorce outside of the courtroom, it can produce worthwhile outcomes.

Finances and Stress During a Divorce

Divorce litigation is often more expensive than other divorce options since you and your attorney must prepare for trial, appear in court, and hire expert witnesses. Your divorce can get even more costly when it drags for a long time, adding to your anger and emotional weight. Additionally, if you must co-parent your kids, settling your divorce can help you establish a new relationship that allows you to easily make mutual decisions for your children in the future. With intense litigation, proceeding to regular co-parenting once the divorce is finalized can be hard. 

Keep in mind that litigating your divorce is not the perfect path to validate your emotional suffering. If you have been in a toxic marriage, you may wish to tell the world about it in court. But when judges made their decisions, they use legal principles and state law as bases. 

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