Business division, personal property division, retirement accounts, spousal support and more are just some of the topics that divorcing spouses in Michigan are commonly at odds over. Whether actual dollar value or sentimental value, the identification of who gets what can become emotional and heated all too easily. When needed, courts can make final determinations in divorce settlements when spouses are unable to agree even with the help of their attorneys.
While judges are often the final rulers in divorce settlements, an article that was recently published highlights the benefits of searching for non-litigious solutions to a divorce. It states that three of the prime benefits to divorcing spouses of avoiding court are a savings of money, time and personal privacy. Taking any matter to court can make it more expensive than settling out of court. The time involved in a court process can drag out a divorce and increase the emotional toll on spouses and children. Additionally, all court records are essentially public and that means that if you take your divorce to a judge, you are making some personal details potentially very public.
Collaborative divorce is one option that brings together financial, psychological and legal professionals to help spouses work together to identify appropriate and amenable divorce agreements without going to court. Cooperative divorce is in many ways a typical divorce where each partner has his or her own attorney but both sides agree to negotiate directly versus relying on the decision of a judge. Mediation is yet another option that can reduce the angst of a divorce.
If your divorce involves challenges related to equitable division, you may be able to find an agreement without costly litigation. Working with an experienced attorney may be able to help you identify the ways that you can best achieve this.
Source: Huffington Post, “Divorce Confidential: Should I Negotiate or Litigate My Divorce?,” Caroline Choi, September 25, 2013