March 4, 2020

Advantages and Disadvantages of Litigation

Some people in Michigan who are getting a divorce might find themselves at an impasse with a spouse over property division or child custody. At this point, they may be facing a choice of whether to settle or go to litigation. There are a few factors to consider.

Cost and time can both be significant. A divorce that goes into litigation can generate costs of five or even six figures, so if the dispute is over property, it is important to make sure the divorce will not cost more than the property is worth. Litigation can take months or even years. However, if it appears unlikely that an agreement can be reached, it might be better to move straight to litigation instead of wasting more time in negotiation.

People may underestimate how stressful litigation can be. There could be times when they have to drop everything they are doing to provide information to an attorney. It may be particularly important to take stress into account if there are children. It can be hard on them as well, and it can damage the co-parenting relationship that parents need to build. However, there might also be situations in which going to trial is the best choice. A person who has a good case but little hope of getting the desired outcome in negotiations may benefit from litigation.

Talking with a family law attorney may help a person consider their options and decide how to move forward. It is important for people to understand their rights before entering into either negotiation or litigation. People should also balance the drawbacks of either approach with ensuring that they are financially stable after a divorce. An attorney may be able to help a person approach the process in a businesslike fashion instead of becoming overwhelmed by emotions.