Litigation is more costly and time consuming, but sometimes we do not have a choice.
There are only two ways to get through a divorce:
If you and your spouse are unable to resolve one (or more) issues by means of negotiations, assistance by a mediator, arbitrator or other third party you will be forced to go into court and make your case and have the judge decide the issue.
Obviously, litigation is more costly and time consuming, but often we do not have a choice. It is important to pay special attention to whether the other party (or their attorney), or worse yet, your own attorney is “over-litigating” a particular issue or the entire divorce case in general. The majority of family law attorneys understand a client’s time and budget considerations, but there are divorce litigation attorneys who thrive on fighting, just for the sake of fighting and earning additional attorney fees. These tactics seldom do the party any good, and always drive the cost of a divorce through the roof.
A respectable and responsible family law and divorce lawyer will always fight for the legal rights of their client while always being cognizant of the client’s priorities. If there is a quicker and less costly method to achieving a client’s goal, a responsible attorney will discuss the benefits and risks of a chosen tactic and do a cost-benefit typed of analysis. These types of discussions should take place throughout the case to make sure the client and attorney are on the same page and moving forward in a fiscally responsible manner.