Why Avoid Going to Court in a Divorce?

Here are some common reasons people avoid heading to court:

Sharing Your Personal Affairs in a Public Way

avoid going courtWhen a movie star files for a divorce, the general public rapidly becomes alert to all of the details of the personal circumstances in their lives.  That’s because paperwork filed in with the court is usually considered public information.  Anything filed with a court to argue your side of the situation would be broadcasted to everyone and anyone.  Nosy neighbors may learn about your financial information, medical history, or extramarital activities being argued in court.

Risks To Privacy

With COVID-19 limitations and concerns, a lot of courts are conducting hearings on Zoom instead of cases being physically held in the courtroom.  It will open your marital information to people who may not have otherwise taken the time to travel to the courthouse to hear the testimony in person.  Instead, they now can just watch it from their phone or computer.

Will the Court Rule in My Favor?

Before a hearing or trial takes place, no one can predict with certainty which way the court will decide.  A court doesn’t know the details of your relationship, and no two situations are the same.  What the court decided for one case may not necessarily be what is decided in yours.  The judge hasn’t been there for your whole relationship and can only go by what may be presented to the court in the limited time that you have at the hearing or trial.  In addition, not every fact is as obvious, or as critical, to the judge as one may hope.

Collaborative Divorce

Divorcing outside of court allows parties to keep personal affairs private.  Avoiding the courtroom is easier than you think, particularly if both people agree to work with each other for the best interests of the children and each other.  The process of Collaborative divorce will help couples work towards a more respectful and peaceful divorce and involves a commitment to remain out of the court.  A Collaborative divorce team consists of an attorney for each party, a neutral financial professional and can also consist of a neutral facilitator, who is usually a communications specialist.  The parents can also choose to bring in a child specialist, if needed, to assist in resolving issues concerning their children.

This process generally saves money and time.  This better choice includes working cooperatively and collaboratively for a customized outcome which, in turn, helps keep the family on good terms for the benefit of everyone involved.

To learn more about the benefits of Collaborative divorce, contact one of the members of Collaborative Divorce Professionals, that can be found at CollaborativeDivorceProfessionals.org, to arrange a consultation.

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