Staying Out of Court: the Key to Winning in a Divorce
It is hard to reconcile the term “win” with something as devastating as a divorce. That is because when you got married, you planned to spend the rest of your life with that one person. Since you did not expect to divorce, you did not prepare or plan with a prenuptial agreement.
Still, divorce happens, and it presents more opportunities to lose than to win, although there is still a probability of obtaining a favorable outcome. One way you can ensure a win in your divorce case is by avoiding bringing it into the court system. This article looks at the way staying out of court can make the divorce process in New York less complicated for you.
Court Divorce Proceedings Are Costly – Financially and Otherwise
Taking a divorce to court in New York is financially and emotionally expensive. Apart from being the costliest way to resolve divorce issues, it is also the most unpredictable. The decision of who wins and who loses in the case is left to the judges.
However, it will be more challenging for the loser to co-parent when this occurs. Therefore, what started as a win ends up creating a lasting conflict that will negatively affect even the children. That is an emotional price no one has to pay in a divorce case.
On the other hand, the financial expensiveness of divorce is evident as several stages will be involved. For example, an experienced family law attorney will present your position and do their best to persuade the judge in your favor. All that time and effort put into the presentation will cost you money, which increases if there are more unresolved issues.
Results Are Often Unpredictable
Another reason to stay out of court in your divorce case is that the cases often end with unpredictable results. The family law system in New York contributes to this unpredictability. Judges do not always have sufficient training before they are appointed to the family law branch.
Moreover, most judges who preside over divorce cases in New York do not have a background in family law issues. They also have little to no experience representing someone in a divorce. Typically, they take on the responsibility of too many cases with severely limited time given to parties to present their case.
In their defense, however, New York family law judges do their best to give as fair a decision as possible. Nevertheless, the fact remains that they are still learning to fly and are ill-equipped to make life-altering decisions such as these.
Better Ways to Resolve Your Divorce Issues Without Going to Court
“New York rules and laws have been carefully designed in a comprehensive manner to give you different and more effective ways to resolve your issues without involving judges,” says attorney Kevin Colwell of The Colwell Law Group, LLC. These include private settlement processes such as mediation and arbitration. These processes offer you more time to present complex issues and split them into multiple settings.
Therefore, you should explore the other alternatives rather than leaving your fate in the hands of unprepared judges. They will do their best, no doubt, but they have little time to consider complex issues and are unable to provide an optimum outcome.
Conclusion
If you are going through a divorce in New York, the easiest and fastest way to handle your issues is out of court. There will be sufficient time to deal with complicated issues, which gives you power over the decision-making process.
