Does Your Divorce Have to Go to Trial?
In Pennsylvania, your divorce does not have to go to trial. In fact, you don’t have to appear in court at all, and for many reasons, it is a very good idea to stay out of court completely. Fighting out your divorce in court can be very expensive. Additionally, when you and your spouse cannot agree a judge will make decisions for you which you are then legally bound to follow. It is a better idea to save your money and negotiate with your ex so you both can determine how your family will move forward.
As a family law attorney, I have seen the stress, pain, and expense associated with litigated divorces. Therefore, at the Law Office & Mediation Services of Elissa C. Goldberg, we specialize in mediation and collaborative law to keep divorcing couples out of the court system entirely.
Why you should avoid litigation
Going to court sets the tone for battle rather than cooperation. The job of each lawyer is to “win” for his or her client. This combative atmosphere heightens tension, animosity, and hurt feelings, significantly decreasing the likelihood of successful negotiation.
Court is very expensive, because of court fees, the multiple necessary court visits, and the many hours that the lawyers must spend preparing for the court appearances. It can go on for years because the system is overwhelmed by its number of cases, and many months can go by between court dates.
Court cases become public records, which means all your private family matters, problems, and “dirty laundry” are exposed to anyone who wants to read your court transcript.
Finally and most importantly, in a litigated divorce, you turn over all control of your future to a third party, the judge, who makes decisions based solely on the facts presented in court. The judge decides how your assets are divided, how child custody will be handled, and who pays marital or parental support and how much, and you’re stuck with the decision. Most divorcing individuals come out of court unhappy with the result.
Mediation and collaborative law
Mediation and collaborative law were developed to help couples avoid going to court. Mediation and collaboration are significantly less expensive and quicker than going to court. They promote negotiation and peaceful resolution, which actually builds a positive atmosphere for future cooperation. This positivity is particularly critical when children are involved in the divorce process.
Mediation is the quickest method, as negotiations can be resolved within a few sessions over just a few months, or even in one long marathon session if both spouses are willing. Because it is so much quicker, stays out of court, and usually involves only the mediator and the couple, it is also much less expensive. The focus is on negotiating a settlement that benefits both parties and any children.
In collaborative law, each spouse hires an attorney, but all parties agree to keep the case out of court. Thus, the lawyers work together rather than having an adversarial focus, while still seeking what is best for their client. This takes a little longer and is more expensive than mediation, but it can be a better choice for couples who have more complex issues or financial situations.
Mediation and collaboration may not be right in cases of domestic abuse or where one party suspects the other is hiding assets. A court order may be necessary to force a dishonest spouse to expose all financial assets. But in most situations, if both spouses want to save money, time, and emotional harm to themselves and their children, staying out of court is the best approach.
Contact us today at our Bucks County office at (215) 345-5259 for a complimentary phone consultation to determine which method is best for your particular needs.