The best option for resolving any issue that arises in family law matters depends on the stance and approach of the opposing legal party. When both parties are willing to negotiate and remain involved in a give-and-take process, mediation can be a great option. There are many quality mediators willing to assist parties in gaining a helpful new perspective so they can work things out without entering the complex court system. However, sometimes one side is very set on an outcome and isn’t willing to be flexible. In this case, utilizing the court system may be a perfectly viable idea. Sometimes litigation is unavoidable and that’s not always a bad thing.
People are afraid of litigation, with good reason. Especially in family law cases, these issues are usually sensitive and vitally important to you. For instance, your ability to provide for your kids is a very vulnerable thing to ask a complete stranger to judge you on.
If you’re able to work out disputes in mediation, you will have significantly more control over the outcome of your divorce than when you get into litigation. In a lawsuit, you’re hoping the judge sees the situation your way on all the important issues, but most often the judge sees some issues your way and others the way the other party wants. That’s why if you can get through mediation, it’s usually a better option.
What Generally Leads These Divorce Or Family Law Cases Into Actual Litigation When It Gets To That Point?
Oftentimes when people are in a divorce, they’re dealing with the loss of a relationship that’s been an important part of their lives for many years. Consequently, people often suffer from not addressing the underlying emotional issues and utilize the divorce to assign blame or to feel justified. I believe this comes from an urge to prove that we’re not bad people for being in a divorce. This is especially true for parents of children who don’t want to be seen as neglectful parents. There may be a misconception that the court is likely to favor the other parent or limit child custody if they perceive you as the one who started the divorce dispute.
In reality, it’s very rare that the court says a child cannot have any contact with a parent. The court tries to preserve child-parent relationships as much as possible. Thus, kids are usually going to have at least minimal contact with both parents. Further, the finances are always going to involve a compromise between both parents.
Note that the process does not address that emotional aspect of a divorce. That’s why one of my first suggestions for clients is to have a good counselor and to work through the emotions they are experiencing.
For more information on Family Law in Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 405-9011 today.
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