The divorce process can often be unnecessarily costly. Spouses who head into court to argue over every minor detail can rack up thousands of dollars in legal fees quickly. At Burggraff Tash Levy, our priority is keeping costs low for our clients, which means finding alternative solutions to litigation whenever possible.
Issues in divorce can be handled one of two ways-either the spouses agree how to resolve the matter and the court approves the agreements, or they cannot agree and they litigate the matter in court. Litigation involves presenting evidence to the judge at hearings so the judge can determine how the issues should be resolved. Not only does litigation require extensive time and resources, but it also puts the spouses’ fate in the hands of the judge. For this reason, it is preferable for everyone involved to reach an agreement on as many issues as possible. It is much easier to settle on a $50 difference in property division than spend thousands to litigate the matter.
Many spouses who are divorcing are naturally not on the most agreeable terms. However, our attorneys have tools to help our clients reach agreements without the need for court intervention.
We regularly engage in settlement negotiations with our clients’ spouses or their lawyers, if they are represented, to reach mutually agreeable solutions to the various issues in a divorce. Settlement negotiations can vary depending on the facts of a case, and they range from exchanging formal settlement letter to informal meetings. We know how to evaluate a situation and present options that can be favorable for both parties and any children. We can advise you when considering settlement terms and help you decide how to best proceed.
Mediation and Alternative Dispute Resolution
Another way to reach an agreement is to engage in alternative dispute resolution (“ADR”) techniques. Such techniques are often used in a wide variety of legal matters, including divorces, to avoid litigation. Mediation is a type of ADR commonly utilized in divorce cases, and our lawyers regularly engage in mediation sessions with our clients. Mediation involves a neutral third party who helps to facilitate an agreement between divorcing spouses. It is still important to have legal representation during mediation so you can be sure you know your rights are protected. If you reach a mediation agreement, it can be memorialized and enforced in court.