Going to court to settle your family disputes should be a last resort. It is a way to achieve a resolution, even if your adversary is unreasonable or refuses to cooperate. However, it is also the most inefficient, unfriendly and costly way to resolve any issue. The only people who really win in divorce litigation are the lawyers.
You should look for an attorney who is dedicated to helping you resolve your problems, without creating new ones. Litigation turns private family issues and finances into a public record. It can cause irreparable harm to relationships.
There are many alternative dispute resolution options that are more cost effective and efficient than litigation. If both parties want to resolve their disputes and will be open minded about creative solutions, consider hiring a mediator or hire attorneys who practice collaborative law. An attorney who has been certified by the Dispute Resolution Commission as a Family Financial Mediator usually has experience in family law. Mediation prior to litigation is required in some parts of North Carolina, but you do not have to file a lawsuit in order to mediate. If the parties, with or without attorneys, attempt to resolve their differences prior to filing a lawsuit, it will save time and money.
Another way to stay out of court is to agree to have your case handled collaboratively. This means that both parties and their attorneys agree from the beginning that they will not file suit to resolve these issues. Everyone works towards a resolution without the threat and expense of a lawsuit. If you and your spouse can agree to have your case handled as a collaborative law case, you will save money, time and a whole lot of stress.
If your attorney urges you to go to court before attempting mediation or trying to resolve the matter collaboratively, ask why. Do not assume the opposing party will refuse alternative dispute resolution options until you ask. With the backlog of cases in the court system, these options are becoming more prevalent and more attorneys are understanding their benefits. Make sure you hire an attorney who is going to work to keep you out of court. Contact Irvine Law Firm.