Collaborative Divorce vs. Litigated Divorce

 Posted on December 23, 2024 in Divorce

In Michigan, the vast majority of divorces are resolved without litigation. The courts prefer to see spouses work out their disagreements in a divorce, and in many cases, a judge will order a couple to go to mediation. That being said, there are still cases where collaborative divorce is not a viable solution.

If you are going through a divorce, it may be in your best interests to contact a Novi, MI family law attorney early on in the process who can inform you of your rights regardless of whether your divorce will be settled in or out of court. At Elkouri Heath, PLC, our lawyers give every case our undivided attention, providing individualized representation and counsel based on more than 23 years of practice.

Collaborative Divorce

The key issues in a divorce can be overwhelming to think about all at once. You and your spouse may have shared concerns about asset division, spousal support, and possibly child custody. If you are looking for a structured method of dispute resolution with your spouse, you may be interested in collaborative divorce, often a preferable alternative to taking a divorce to trial. Collaborative divorce involves working with a team of legal professionals who can help you resolve your divorce in a neutral environment.

Collaborative divorce is often more efficient than litigation, as you and your spouse will not have to work around clustered courtroom schedules. Instead, you can choose a time that works for you, reducing a great deal of stress associated with getting time off of work or waiting weeks for a court date. Furthermore, you have much more control over the outcome of a collaborative divorce compared to a judge’s verdict in a litigated divorce, though there is a larger emphasis on compromise.

Litigated Divorce

In the event that you and your spouse cannot come to an agreement outside of court, litigated divorce is a last resort to protect your rights and finalize your divorce. These cases may involve hotly-contested issues such as high net-worth assets or arrangements for child custody when there are allegations of abuse or neglect. Note that Michigan is a no-fault state, which means that you do not have to prove that your spouse was to blame for the collapse of the marriage to initiate a divorce. Your marital assets will be divided fairly at a judge’s discretion, though the division may take into account some elements of fault like infidelity or abuse when deciding if someone will get a greater share.

Whether you seek a collaborative divorce or your divorce goes to trial, it is critical that you seek out a skilled attorney who can advocate for your needs. The attorneys at Elkouri Heath, PLC are ready to represent your concerns in front of a judge with a comprehensive knowledge of family law.

Speak With a Northville, MI Family Law Attorney Today

Collaborative divorce can help you and your spouse avoid issues after a divorce is finalized, but sometimes, litigation cannot be avoided in especially tense situations. At Elkouri Heath, PLC, our Oakland County, MI family law attorneys will push for a collaborative solution, and we are willing to go to court if necessary. Call our offices at 248-344-9700 for a free consultation.