Considering Divorce: Discover Options
May 23, 2018 | Alternative Dispute Resolution, Collaborative Law, Divorce, Legal Perspective, Mediation
Heather Trostle Smith
No two marriages are the same, and so it only follows no two divorces will be the same either. While the majority of divorcing couples today choose the traditional model of litigated divorce, keep in mind litigated does not mean the divorce ends up in court. In fact, the vast majority of all divorce cases are resolved by an out-of-court settlement agreement, each choosing a slightly different route of dispute resolution.
So, you may ask, why are lawsuits a part of divorce? Because, divorce usually does not involve two people mutually agreeing to end their marriage. In 80 percent of cases, the decision to divorce is unilateral — one party wants the divorce and the other does not. That, by its very nature, creates an adversarial situation right from the start just when you need to make some important decisions on how to proceed.
The most pressing issues in any divorce are child custody, division of assets and liabilities, and alimony payments. Most divorce attorneys will strive to come to a reasonable settlement with the other party. But if they can’t come to a reasonable settlement or if the other party is completely unreasonable then, unfortunately, going to court, or threatening to do so, might be the only way to resolve these issues.
To review your options on divorcing amicably and staying out of court litigation, contact the experienced attorneys at Pollock Begg Komar Glasser & Vertz LLC. We can discuss collaborative law, mediation, arbitration or any other methods of alternative dispute resolution to help keep you out of traditional court litigation. To make an appointment with our family law attorneys, fill out our online contact form or call us at (412) 471-9000.
Tapped to present educational workshops and lectures both within the legal industry and other outside business associations, Heather Trostle Smith is a partner at Pollock Begg. Her practice spans multifaceted family law issues including complex financial circumstances and high net worth individuals.