Is court necessary to solve your divorce estate dispute? When divorced couples disagree on estate settlements, and it becomes apparent that legal assistance should be involved, the emotional toll is heightened. Court is an obvious first thought, but alternative dispute resolution offers a different route to solve your dispute. Deciding whether to bring your case to court or to try mediation can be a difficult choice.
Things To Consider During A Divorce Estate Dispute
Mutual Agreement vs. Mandatory Participation
Mediation can only be accomplished through willing participation from both parties. Parties must agree to mediate and then agree on the procedures. Those who want to move forward with as much harmony as possible might consider mediation. However, if the conflict is that a party refuses to negotiate, court might be the better option. Once a suit is filed, participation is mandatory.
Mutual Resolution vs. Enforced Ruling
In mediation, parties are able to continue negotiating until they come to an agreement, whereas court rulings are final and non-negotiable unless there is an appeal. If you think you might be able to negotiate aspects of the division of assets with your spouse, mediation might be a better option. If you believe you have adequate evidence to prevail on all issues, court may be worth the risk. An attorney can look at your evidence and help you make a judgment call.
Private vs. Public
Families who want to keep matters confidential may prefer mediation over court. Court proceedings are generally public. Mediation may also be a better option for families with children that are still young if the parents wish to keep personal details out of public scrutiny. Of course, some parties might want details of the divorce made public for reasons of principle, in which case, court may be the better option.
Time and Money
Some parties go to court out of principle, and to them, money is no matter. Often, these emotional and personal aspects are worth the time and cost of litigation. However, if money and time are objects, the cheaper and faster method of mediation is the better call.
Other Considerations When Choosing Court or Mediation
There are many high-conflict individuals with whom mediation will be impossible. Some considerations that divorcing spouses might consider: whether their spouse was abusive, unfit as a parent or partner, if they concealed assets, or whether they married under deceptive terms. If any criminal or unsafe issues are involved, court might be the safest option. (If you are in an abusive situation, you may want to contact the National Domestic Violence Hotline at 800-799-SAFE (7233).)
Premier Estate Litigators in the State of Georgia
An attorney can look at the specific details of your case. and guide you toward making the best procedural decision. If you find yourself in an estate dispute with a divorcing partner, Gaslowitz Frankel LLC are experts in estate litigation. When you contact our law office at 404.892.9797, you’ll be in touch with the premier fiduciary litigators for the state of Georgia.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
