There are many advantages involved with collaborative divorce. As with most areas of the law, trying to negotiate a divorce settlement is almost always preferable to litigating terms. Collaboration is less expensive and it often goes much faster.
However, there are some instances where taking your divorce to court may be a necessity. According to Forbes Magazine, when deciding whether or not to take your divorce to court you must consider whether or not your expected results in court would measure up against the time and money you save with collaboration.
Why is collaboration usually better?
Involving the court with your divorce takes more time and money. First, if you want to take your divorce to court you must wait for the court to have time to hear your case. This can potentially take months, depending on your jurisdiction.
Additionally, effective negotiation means that you have more direct say in the terms of your divorce. Most ex-couples enjoy being able to have this level of voice in the end result. Leaving things up to an impartial judge can be difficult.
When is trial a must?
However, effective negotiation requires both parties being able and willing to do so. It is possible that in an extremely acrimonious divorce, negotiation is not a fruitful path to consider. If this is the case, trial may not only be the best option, but the only one.
Keep in mind that it is not a good idea to take a divorce to court in order to get a public “stage” to sound off about your ex-spouse. You must root any conversations in the courtroom in law.