5 Compelling Reasons to Settle Your Divorce Out of Court

When it comes to divorce, you can go to trial or opt for an out-of-court settlement. Settling your divorce out of court involves you and your partner agreeing on all divorce-related concerns instead of going to trial and leaving the jury to make those choices on your behalf. People opt for out-of-court divorce for varying reasons. Discussed below are five compelling reasons to settle your divorce out of court.

1.   It’s less costly

Divorce comes with a host of decisions, some of which touch on financial matters, including:

• Debt and asset division
• Child support
• Alimony or spousal support

The cost of a divorce that goes to trial can range from tens to hundreds of thousands of dollars or more. Besides attorney fees, contested divorce involves hiring divorce experts like child evaluators, forensic accountants, personal investigators, and more, adding to your costs. While settling your divorce out of court isn’t free, it’s more cost-effective. Opting for mediation or collaborative divorce comes in handy when looking to avoid the high costs associated with going to trial. The fact that settling your divorce out of court takes a shorter time than going to trial translates to the process being less costly.

2.   Have more control over the divorce process and the end result

In a divorce trial, the family court takes charge of the process and is in charge of making the final decision regarding asset division, child support, parenting arrangements, spousal support, and other divorce-related issues, which might not always be fair. Additionally, there might be appeals that drag the case even further. Settling a divorce out of court gives you control over the divorce process and the outcome. With a settlement, you can reject your ex-spouse’s offer and keep renegotiating until an agreement is reached. An out-of-court divorce settlement often gets you what works best for you.

For instance, in most Middle Eastern and North African countries, a Judicial Talaq (divorce process through a court of law) it may be very difficult for a woman to initiate and win a divorce case since men and women don’t have equal access to divorce. Divorce provisions in most Islamic family laws are unfair to women. However, you could come up with a more favorable agreement than the court would allow for if you opt to settle your divorce out of court.

3.   Less stressful

Court proceedings can be stressful and emotionally draining, and most divorce cases may take years to get resolved, keeping you from moving on with your life, which can lead to mental torture. The uncertainty around what the family court’s decision may be adds even more stress. On the contrary, sorting out your divorce issues via collaborative negotiations or mediation makes the entire process less stressful because the involved parties agree on the most critical matters. An out-of-court divorce settlement makes it easier to move with your life.

4.   Fast resolution

An out-of-court divorce settlement is more efficient than going to trial, letting you move on sooner. Scheduling negotiation meetings is easier than getting court dates, where judges are always overwhelmed by cases. In addition, when settling your divorce out of court, you come to the meetings with your desires and demands, making the process more efficient. Since a court’s timetable and deadlines do not bind you, it’s possible to move at a speed that works for everyone’s schedule while allowing flexibility.

5.   Ensure your kids aren’t exposed to conflict

Divorce has significant effects on children. Involving your kids in court cases can significantly impact them emotionally and mentally. However, settling a divorce out of court makes it easier to reach an agreement that works best for them while helping maintain their psychological and emotional well-being.

Endnote

People opt for out-of-court divorce settlements for various reasons. Familiarize yourself with why settling your divorce out of court would be the best option.