Tips on Choosing a Divorce Strategy

 Posted on December 27, 2023 in Divorce

When you are getting divorced, you have a lot of different choices about how to approach finding a resolution. Your two main options are contested divorce and uncontested divorce. Contested divorce means going to trial and letting the court decide everything. This is a last resort for most people, as it can take a very long time and get very expensive. Uncontested divorce means that you and your spouse essentially create your own divorce decree by agreeing to every term to be included. The court generally adopts these agreements with minimal oversight or intervention. If you are hoping for an uncontested divorce, you have even more options - mediation, attorney-led negotiation, or other means of collaborative divorce. Choosing the right approach to divorce is important. A qualified Novi, MI, divorce lawyer can help assess your personal circumstances to help you choose the best strategy

Factors in Choosing an Approach to Divorce 

There are a few things you should consider when choosing a divorce strategy, including:

• Civility with your spouse - Being amicable helps quite a lot but is by no means necessary. However, whether or not you and your spouse can remain civil around each other is an important consideration. Types of mediation that involve being around your spouse likely will not succeed if you cannot be civil to one another. Additionally, when one or both spouses are acting simply to spite each other, they are unlikely to reach an agreement. 
• Your children’s interests - If your spouse is not willing to put your children’s interests first and agree to a parenting plan that prioritizes their well-being, you may need to contest the divorce. The court is required to make decisions based on the child’s best interests. 
• Cost and payoff - If you and your spouse share few marital assets, litigating your divorce is not likely to be worth it. The cost of going to court is likely to exceed the value of any additional assets you might gain. However, if yours is a high-asset divorce, litigation may be well worth it. 
• Nuptial agreement issues - If you have a prenuptial agreement and it is enforceable, you might have very few issues left to decide. However, if your prenuptial agreement would leave you struggling to pay for basic things like housing and utilities, you may be able to have a judge refuse to enforce it. 

You understand your situation better than any outside parties and are in the best position to make the final decision. An attorney can discuss your options in more detail

Contact a Novi, MI, Divorce Lawyer 

Elkouri Heath, PLC is committed to providing top-quality divorce representation. Our knowledgeable Oakland County, MI, divorce attorneys will discuss each option with you so that you have all the information you need to make the best decision. Contact us at 248-344-9700 for a complimentary consultation