EP 4: Is Litigation the Right Way to Get Divorced?

Welcome to the fourth episode of Divorce and Your Money Podcast. Your host, Shawn Leamon, MBA and a Divorce Analyst, discusses litigation as a means of getting divorced.

People often fail to realize that divorce is not a “one size fits all” process. You should be aware of the available options for your specific situation. This episode will focus on the subject of litigation and the different ways you can get divorced. Upcoming episodes will cover the five different methods of divorce.

Litigation is used when both spouses agree to a divorce but don’t necessarily agree on the key details.  Such differences can end in two ways: you and your spouse agree to a settlement, or you go before a judge who decides the issues for you. An estimated 90% of divorce cases are settled outside of court.

Litigation has both advantages and disadvantages. Most divorce attorneys are experienced in litigation, which is usually an advantage, and a judge will apply state rules, which can work either for or against you.

The biggest disadvantage of litigation is cost. Since expenses involved are directly proportional to the amount of acrimony or disagreements you have in your case, the longer the case is dragged out, the more it will cost you.

Key Learning Points:

  • Divorce is not a “one size fits all” process.
  • The most common type of divorce is using litigation.
  • Litigation can end in two ways: you either agree to a settlement or a judge decides the issues for you.
  • Most divorce attorneys are experienced with the litigation process.
  • Some states allow for appeals in litigation proceedings.
  • Litigation is expensive.

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