While most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling. How do you determine if this path is right for your Illinois divorce case? The following information on the pros and cons of a litigated divorce can help you decide.
Potential Disadvantages of a Litigated Divorce
Since the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that:
- Litigated divorces are usually more costly. Not only do you have to cover the court costs, but your legal fees will probably increase as well. The more contentious the proceedings become, the more your divorce is likely to cost. If money is a factor in your case (either because you have a high net worth and at are a risk for extreme financial loss or are simply concerned about your financial future), you may want to consider a collaborative divorce over litigation;
- Litigation is an inherently adverse path to divorce. It puts you and your spouse at opposing sides, so arguments and contention are far more likely to occur, and as mentioned previously, this is likely to cost you more money;
- There is always the risk that you will not agree with the ruling. While judges try to be fair and follow the law, they do not have the time or ability to fully understand your situation; and
- Litigated divorces are less customized, which can be especially problematic if there are children or pets involved. In contrast, collaborative divorce can offer parents and pet owners more options when it comes to custody and visitation.
Potential Advantages of a Litigated Divorce
Although there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as: