Is It Possible to Get a Divorce Without Fighting about Everything in Court?
Going to court to have a judge decide everything in your case is often believed to be a necessary step in the divorce process. It’s depicted this way in several well-known movies and television shows. It’s also a popular topic of conversation among those who have experienced the worst divorces as they try to warn their friends and family about what to avoid, if ever in similar situations.
However, even if you’re facing the end of your marriage, it’s not always a foregone conclusion that you’ll be forced to spend your days fighting about everything in family court. With the right help from an experienced family law attorney, you may be able to avoid unpleasant court hearings, at least until the very end when you appear before the Court to have your divorce granted.
The #1 Benefit of Hiring an Experienced Family Law Attorney
One of the primary benefits of hiring an experienced family law attorney to represent you from day one of your divorce is his ability to keep you out of court as much as possible. Some people believe they only need to hire an attorney if they are facing contested court hearings, but in actuality, the best reason to hire one is to keep you out of court whenever possible. An attorney who practices exclusively in family law will have specialized training in how to properly negotiate the issues a family court has jurisdiction to decide for a divorcing couple. Typically, any issue that can be settled out of court between you and your spouse will mean less legal fees, saving you money in the long run.
In order to keep you out of court, it’s important to hire an experienced family law attorney who has a reputation for working well with other family law attorneys. Your divorce attorney will need to be able to efficiently and effectively negotiate with the attorney representing your spouse to get things amicably resolved outside of court, when possible. If you and your spouse both have attorneys who regularly work together on cases, they hopefully will have a good working relationship that will be beneficial in keeping things amicable between the two of you.
However, if you try to negotiate these things on your own or with attorneys who don’t work together often (or have a reputation for not working well with other attorneys), it can be more difficult for them to negotiate on your behalf, which may lead to more contested court hearings. More contested court hearings over more issues will ultimately mean higher legal fees on both sides of the case.
It’s important to understand that even if you’re able to keep things amicable between you and your spouse and avoid fighting about everything in court, there are still some divorce issues that may need to be decided by a judge. These are typically issues that the more difficult issues that spouses often can’t agree upon, such as child custody, visitation, alimony, or the division of property. However, if you’re able to agree on these contested divorce issues before going to court, it will save you a lot of time and money in the long run.
If you’re facing the end of your marriage and want to avoid fighting about everything in court, hiring an experienced family law attorney is the best way to do it. With his help, you may be able to keep things amicable between you and your spouse and come to an agreement on all divorce-related issues without ever having to step foot inside a courtroom.
How Settling Your Case Out of Court Helps Everyone
Settling your divorce case out of court is not only beneficial for you and your spouse, but it’s also beneficial for any children you have together. If you have to take your divorce case to court, it will likely be a very contentious and emotional battle that could potentially damage your relationship with your children. However, if you’re able to settle things outside of court, it will allow you and your spouse to hopefully remain on good terms while avoiding the “scorched Earth” that is often left behind in many high-conflict family court battles, which is so important for your future co-parenting relationship with your soon-to-be-ex.
It’s also important to understand that taking your divorce case to court could result in a judge making the final decisions about the contested issues. This means that neither you nor your spouse will have any control over how these issues are decided, which can be very frustrating. On the other hand, if you’re able to reach an agreement on these contested divorce issues outside of court, you’ll have much more control over the outcome and will be able to tailor the terms of your divorce to fit your unique needs and situation.
In conclusion, it is possible to get a divorce without fighting about everything in court. However, it is not easy and will require the help of an experienced family law attorney. If you’re facing the end of your marriage and want to avoid taking your divorce case to court, make sure to find the right family law attorney for your case. With his help, you may be able to keep things amicable between you and your spouse and come to an agreement on all divorce-related issues without leaving the most important issues in your life up to a judge.
If you and your spouse are considering divorce, don’t make any decisions about how to proceed before talking with a trusted family law attorney. Your divorce and any settlement you create will be subject to your state’s divorce laws. Without discussing your situation with an attorney, your agreement may not be what you want or what is beneficial to your future.
If you’re in South Carolina, it’s important to contact an experienced family court attorney like J. Benjamin Stevens today to discuss your specific situation. Mr. Stevens is a Fellow in the prestigious American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers, and he is a Board-Certified Family Trial Advocate by the National Board of Trial Advocacy. If you or someone you know is facing a divorce, separation, child custody, visitation, or other family law case, contact our office at (864) 598-9172 or SCFamilyLaw@offitkurman.com to schedule a consultation.
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Contact our office at (864) 598-9172 or SCFamilyLaw@offitkurman.com to schedule an initial consultation.
ABOUT J. BENJAMIN STEVENS
Ben.Stevens@offitkurman.com | 864.598.9172
Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Mr. Stevens is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocacy. He is one of only two attorneys in South Carolina with those simultaneous distinctions. He has held numerous leadership positions in the AAML, and he currently serves as one of its National Vice Presidents. Mr. Stevens has a statewide practice and regularly appears all across South Carolina. His practice is focused on complex divorce and child custody cases.
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