Is litigation my best option?

With the divorce rate in California being around 50 percent, couples getting a divorce are weighing their options.

If the couple is friendly enough with each other and there is no constant bickering, they can consider Collaborative divorce and mediation. These options allow the couple to work out their differences without costly litigation.

Litigation is typically the most common option chosen by couples who are headed for divorce. Of course, every divorce is different and the couple must do what’s best for them – what they can afford.

Did you know that more than 95 percent of litigated divorces are settled out of court? When only one spouse wants a divorce, litigation is the way to go. Without both spouses agreeing to the divorce, the process can be highly emotionally and stressful.

When it comes to divorce, there are many family issues, such as property division, child custody, support, that are contested. If you go to court, litigation is used to resolve only the issues you don’t agree on – it could be one or it could be many.

Finally, litigation can be risky since the judge making decisions for you regarding your assets, children and property, knows very little about you.

Under certain circumstances, divorce litigation may be the best option for a divorce. It usually becomes a viable option after attempts to settle have failed and you have more highly contested issues.

If you are facing divorce and don’t know what your legal options are, contact an experienced Orange County family law attorney who can review all the details of your situation and advise whether alternate dispute resolutions or litigation is your best option.

Contact the family law offices of Amy M. Montes. She will work to find the best compromise and a reasonable resolution so you can get on with the rest of your life.