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Should you prepare to litigate your divorce case?

Once you file for divorce, something that you may wonder is if you should be prepared for your case to go to court. While you likely will have a hearing or two during your divorce, not all cases have to go to family court for litigation.

There are times when litigation may be appropriate, such as if one spouse refuses to negotiate or if it’s believed that there are hidden assets. However, the majority of cases can be settled outside court without having to drag out the divorce into the courtroom.

Don’t believe all the stereotypes about divorce

It is important not to believe all the stereotypes about divorce. While the media might represent every divorce as a fight to the last, the reality is that the majority of cases are settled without having to go to trial. You can resolve disputes outside the courtroom through collaborating, mediation, arbitration or other means.

What is the best approach for your divorce?

A common question is what the best approach would be for a divorce, and the answer is that it depends on the factors involved. How you resolve a divorce that involves children and custody matters may vary significantly from a high-asset divorce without children involved.

You should know that Hawaii is a no-fault divorce state, so except for in some specific circumstances, factors such as drug and alcohol abuse, adultery or other faults may not play a role in your case. The state also considers the best interests of your child in custody cases, though, so if one parent has done something that should impact their right to custody, then that is something to discuss with your attorney.

It is important that you get the right help to get through this difficult challenge in your life. Your divorce doesn’t have to be contentious or go on for months or years. You may be able to resolve your conflicts outside court and minimize your time spent in front of a judge if you and your spouse can compromise. This will save you both time and money, so you can move on sooner.