Litigation is expensive. To be ready, your attorney will typically have to prepare for an average of two to three hours for every hour spent in court. This is one of many reasons why it’s in the client’s interest to resolve cases through negotiation whenever a good result can be obtained by doing so. Those negotiations can take place in the form of informal discussions between spouses, Mediation, Collaborative Divorce, or settlement discussions between attorneys (with or without clients present) in conventionally litigated cases.
The Emotional Price of Litigation
In addition to the obvious financial costs of litigation, there are also profound emotional costs for clients and their children. People going through divorce may experience anger, resentment, sadness and other challenging emotions. Children can be deeply scarred. It can be hard for spouses to cope with these stresses while also attempting to make rational decisions about the case itself. That’s why attorneys should guide clients to make wise choices. The cost of letting emotions drive litigation can be extremely high, both financially and emotionally.
Considering the Costs
A spouse seeking to punish the other punishes himself. Consider what such revenge costs – in harm to children, in funds expended unnecessarily, in time wasted – often months or years that could have been invested in recovery and getting on with life. A contentious divorce impacts everyone. Emotion-driven litigation that is aimed at punishing the other spouse will harm you and your children too.
The Attorney’s Job
Part of your attorney’s job is to help you determine what is in your best interest and the best interests of your children. In some cases, a legal battle may be necessary. If so, the decision should be made based on the facts of the case. Litigation should not be driven by emotion (though such emotions are normal and understandable).