99% of divorce cases settle without a trial. Some settle at the kitchen table, some at mediation and some on the day of trial. But they settle. So why should you hire an attorney who is preparing for a trial that will never take place?
The divorce system works for everyone except you and your family. The system works for the courts because it moves cases along toward completion. The system works for attorneys because they are able to bill significant amounts of money shepherding their clients through a system that is fairly predictable. The system works for everyone, except three groups of people: Mothers, Fathers and Children.
In the divorce litigation system, emotionally charged spouses hire lawyers to argue important family matters, before judges, who will listen to 10-15 minutes of arguing by the attorneys, then make a decision that impacts the entire family.
Judges are the first to admit that they should not be deciding who receives the marital home and how your assets are divided. Friend of the Court Referees should not be telling you how to raise your children.
You should be making the decisions regarding your children, your house, assets, and (unfortunately) debt, and you should be dictating the type of process used.
Every divorcing couple should have a voice in every stage of the case and control the pace, the agenda and the outcomes. When you select a Collaborative Divorce, Mediation or a One Lawyer Divorce, you will have control over your divorce and your life. See if you are a good match for an uncontested divorce.
Collaborative Divorce is for divorcing couples who want legal representation but would like to avoid litigation. It is a unique process where the attorneys function more as advisers than advocates.
Many divorcing couples want to share one lawyer to handle their divorce. They may have already decided how they want to divide their property or have limited assets to divide. However, in Michigan, one lawyer cannot ethically represent both parties in a divorce.
In divorce mediation, the parties and their attorneys meet with a neutral mediator, who facilities the negotiation between the parties and helps them reach a settlement.
Not only does neither party have to have their day in court, they rarely get one. In Oakland County, in 2018, 4472 divorce judgments were entered. Of those, only 23 (0.51%) went to trial.
Many of our clients are surprised when we tell them that, if we do our jobs properly, they may never have to appear in court, except for a very short hearing to enter the Judgment of Divorce at the conclusion of their divorce. Find out why we prefer to stay out of court.