Ten Ways to Avoid a Divorce Trial in 2010

10. Look for ways to resolve as many issues as possible.

9. Use the collaborative divorce process which is where you have independent attorneys, but do not file until the entire divorce has been settled.  This is an excellent win-win situation for everyone.

8. See if you marriage can be saved through marriage counseling.  An independent marriage counselor can often see things that you and your spouse cannot, and may be able to help you through a rough patch, and help save your marriage.  

7. Communicate with your spouse before taking any legal action.  

6.  Even if you do not use the collaborative process, mediation is an excellent choice and many couples are now mediating their divorces with one attorney or therapist who serves as a mediator to work through all of the issues before the divorce is filed.  This can be cost effective, both financially and emotionally.

5. Make sure that your attorney communicates.  A good attorney is there to work with you.  Court appearance should be a last resort, not a first resort.

4. Problem solve.  Lay out issues in a clear and concise manner.  Find out if there are certain issue that are more important than others, and prioritize.  Look at ways to resolve problems.  A good attorney is a problem solver, not a problem creator.

3. Look at the economics and do a cost analysis so that before you go to court, you can weigh the costs financially and emotionally and see if there is a way to resolve issues without going to court.

2.  Be careful when you talk to friends or relatives.  Everyone tells you that this should be done, or that should be done, and there is a lot of sideline quarterbacking that goes on in every divorce.  Make sure that you consult your attorney on a step-by-step basis as these issues arise.  Try not to panic.

1. The role of an attorney should be one who communicates, is there to serve you and not the other way around.  Your attorney should be there to educate there, lead you through the legal system, and try to problem solve, not create other problems.  At FamilyLawofMichigan, the goal is to help you solve problems.  Stay out of court.  Remember that if you go through a hearing or trial, you will be saying things that cannot be taken back.  There is a tremendous emotion, as well as economic, cost involved.  Whether you are seeking an attorney for a divorce, child custody matter, or other legal family law problem, the goal is to stay out of court, with court being your last resort, not your first.  Our motto is, “Thoughtful Solutions For Your Family Law Problems.”

Article provided by Michigan family law attorney Henry Gornbein. If you're looking for help filing for divorce in Michigan, please contact our offices.