Tips on How You Can Avoid Court Even Though Your Partner Won’t Discuss Matters.
We have seen that many of our clients are concerned about the idea of going to court to settle their divorce. This is completely understandable. Most people have little experience of the court system so the idea of discussing your personal family circumstances in front of strangers is daunting, not to mention the concerns over additional costs. Added to this there is a degree of legal uncertainty over the extent to which financial details may be publicized.
In spite of your husband’s unwillingness to discuss your settlement, you should bear in mind that there is always room for negotiation as this is part of the court process.
When you or your husband issues a divorce petition, a carefully structured timetable starts. This includes formal exchange of financial information and negotiation on a settlement on financial issues and child residence and contact questions. Remember that solicitors on both sides are one step removed from all your personal issues. It is their job to work together and encourage discussion. A negotiated agreement has great advantages. Aside from the potential to save the costs of a final hearing, you and your husband have greater control over the outcome. It is likely that your husband’s own legal advisors will explain to him the benefits of a negotiated settlement in relation to the issues you mention.
What About Mediation?
Mediation is also an option but you cannot force your husband to attend a mediation hearing as this is a voluntary process. We also find that sometimes mediation can play into the hands of a spouse who ultimately does not want to reach agreement. An obstinate husband or wife may abuse the mediation process, dragging matters out in the hope that you will agree to his or her demands simply to move on.
It is in cases like this that experienced solicitors are especially valuable. Through careful preparation and a well thought through negotiation strategy, we can put you in the best legal position to achieve the outcome you are looking for.
Ultimately, if the other party refuses to reach an agreement, you will have to rely on a judge to make a decision on all the evidence. A specialist family lawyer always knows when to walk away from the table or take a harder line. Our family law attorneys will carefully balance the wisdom of spending more on legal fees against the benefit of accepting a meaningful offer. Although there are never any certainties about what a judge may decide on a given day, we have the experience to assess whether it is worth proceeding to court.
For further inquiry, you can call us on 713-360-6722 or use our online case submission form to schedule a confidential legal consultation.