A gavel on a table - Lusby Law P.A.Triggers For Family Law And Divorce Litigation

Weighing up the possible investment of time and effort you may need to make to enjoy a successful result for your family law case is the key to determining whether litigation or out-of-court resolution in your North Carolina divorce is the ideal path, given your circumstances. The main driver of divorce or family law cases into litigation is the inability of the involved parties to reach mutual agreements or resolve their issues outside of court. In my experience, about 80% of individuals dealing with marital issues can navigate through their challenges without the need for court intervention or legal representation. However, there remains about 20% where finding common ground or resolving disputes becomes a significant challenge, to the point where the situation becomes unmanageable without litigation.

Those in the majority (the 80%) often seek my assistance merely to formalize a mutual agreement they’ve reached on their own. Both parties approach the process with a clear understanding of what they want, and there is no significant conflict or difficulty. They simply desire a formal document that outlines their agreement. Having this documentation is invaluable, as it leaves no room for ambiguity and clearly defines how everything should proceed.

In cases where you can’t attain a consensus, settlement, or agreement, the only options are to either walk away or go to court. Before resorting to litigation, mediation is an option. Mediation can be conducted privately or through the court system as a pre-trial process to resolve disagreements when parties can’t reach an agreement. Legal escalation and intervention may also be necessary when you offer a reasonable solution, but the other party acts unreasonably to the point of causing severe financial burdens and potential harm. Protecting your wealth, finances, and well-being is the ultimate goal here.

Reducing Your Exposure To The Court

It’s generally in your best interest to reduce your exposure to the court as much as you possibly can. Resolving emotional issues in a courtroom can be challenging because judges have limited flexibility in how creative they can be with their orders. People generally prefer not to be told what to do, especially regarding intimate matters like those related to a divorce. Court-ordered solutions may not always be practical, easy to follow, or adaptable to individual circumstances. It’s far better when parties can use their creativity outside of court to find common-sense solutions that work for everyone. Avoiding court and both the harshness and limitations it imposes is often the ideal route for resolving family law issues.

Effective Strategies For Navigating A Difficult Divorce

From an attorney’s perspective, the best way to successfully navigate a divorce is to get all the relevant information as quickly and in as comprehensive a manner as possible. This enables them to evaluate everything fully and develop a game plan moving forward.

From the client’s perspective, seeking therapy, if needed, can pay dividends later on in your divorce case. Get support from everyone in your life who is concerned with your well-being, whether your tax professional, attorney, or mental health professional. Ensure they have your best interest at heart and are prepared to help you in whatever way possible. If you’re religious, seek pastoral care or guidance from the spiritual leader in your life. Lean on them. Also, get support from your family and close friends. Your divorce will be a tough time, and surrounding yourself with supportive and helpful people will help you make the best decisions you can.

For more information on Litigation Vs. Out Of Court Resolution In An NC Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 371-0127 today.

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