Should you negotiate or Litigate your divorce? Should you hire an attorney?

  • Do you and your spouse communicate? If you and your spouse are on talking terms, it is a good sign that you may be able to talk about outstanding issues, especially when it comes to your children and finances.
  • Do you want to minimize attorney’s fees and costs? Negotiated divorces save money because you’re not spending money on attorneys (in the case of a mediated divorce), or in cases where you and your spouse each have an attorney, these fees can be minimized since your attorney is not spending time on preparation and paperwork for Court.
  • What Are Your Future Plans? Are you looking to get married again…and soon? In a negotiated divorce, much time can be saved if you and your spouse are on the same page. In protracted litigation, divorce proceedings can be drawn out for years, and in some cases, drawn out for a period longer than you were even married!
  • Do You and Your Spouse Still Respect Each Other? The love and romance may have evaporated, but if the respect is still intact, a negotiated divorce may be a good option. If you and your spouse respect each other, the likelihood of bringing your child into the divorce is minimal and it helps to maintain a harmonious post-divorce friendship.
  • How Important Is Privacy To You? Another thing to consider is how much privacy you require in your divorce. In a litigated divorce, the paperwork you file is an open public record. What that means is any dirty laundry that is aired out in your paperwork can be read and reviewed by any member of the public.

Litigate or Negotiate