Splitting up is never easy, but luckily over 70% of people will either experience an amicable or civil divorce, with less than 10% ever going to trial. Is this proof that “conscious uncoupling” is really the new trend? I highly doubt it, but rather what this demonstrates is that most of us are rational people willing to set aside our emotions in order to reach a pragmatic solution to our legal problems.
Here are the main reasons most divorcing clients will opt to avoid a trial:
- Minimize legal costs and instead preserve the family’s wealth;
- Maintain confidentiality– very few actually want to air their family’s dirty laundry in public;
- Lessen the emotional toll a trial would have on the family and close friends/business partners;
- Preserve goodwill and foster an easy co-parenting relationship for the sake of the kids;
- To set their own pace in the divorce process (you can go as fast or slow as you need to when not under court-imposed deadlines); and
- Having the parties own the outcome by not allowing a judge or arbitrator to randomly decide the family’s fate.
It is unfortunate that some will not be able to reach a resolution outside of court, but at least they are definitely in the minority, and while there are still plenty of gladiators out there that thrive on those court battles, many of my colleagues are learning to appreciate the wisdom of promoting alternative dispute resolution methods.
Whether it is for personal reasons, finances, or the kids’ sake that you choose to end things civilly, just know that you are in really good company. Hopefully you will find a wonderful guide that can help you put the past behind you and embrace serenity, so you can easily move on to the next exciting chapter of your new life.
By Regina A. DeMeo, Esq.