The process of divorce makes the end of a marriage legally official. Married couples who have committed to spending their lives together have to formally separate in the eyes of the state by divorcing.
The divorce process requires spouses to address matters including their property and the potential need for financial support. Typically, property division matters are difficult to resolve amicably. Spouses may find themselves fighting constantly about valuations and the best way to divide their assets and debts.
Spouses going through a divorce can either seek to cooperate with one another or they can take the matter to court in a contested divorce filing. Is it a better arrangement for spouses to litigate in family court or to try to reach their own settlement before going to court?
Every family has unique needs
Both litigation and negotiation have benefits and drawbacks for divorcing spouses. Obviously, settling outside of court can be faster. Spouses also have more control over the process. Each spouse can focus on the details that matter the most to them while making voluntary concessions in other areas.
Successfully negotiating property division matters outside of court can allow people to file uncontested divorces. They can save money and preserve their privacy because they do not need to make formal disclosures regarding the full extent of the marital estate in family court.
That is also one of the drawbacks of settling outside of court. Without formal financial discovery, either spouse might attempt to hide assets or otherwise manipulate the outcome of the process. People have little recourse if they voluntarily agree to terms even when their spouses lie to obtain their approval.
Some people view litigation as a better option in high-conflict cases. A family law judge has the authority to compel spouses to sell property or take responsibility for certain debts. Particularly in scenarios where people expect financial misconduct or worry about hidden assets, litigation provides a degree of recourse if they uncover issues later.
For many couples, finding a way to cooperate is the best path forward. However, voluntary settlement isn’t an ideal solution for all divorcing spouses. Some people really need the intervention of a judge to arrive at fair and reasonable property division terms.
Learning more about property division proceedings and the divorce process overall can help people choose the best path forward. For some people, negotiating a settlement is the best option. For others, litigation might provide more protection in the long run.