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McHenry Divorce Mediation Attorney Discusses the Cost of Litigation

McHenry Divorce Mediation Attorney Attorney at Law sitting at desk holding pen with filesA McHenry divorce mediation attorney says the decision-making process should not use a single-track approach. For example, if the court contemplates a 55/45 split in the client’s favor and the lawyer says the case calls for a 60/40 division as more equitable, the lawyer should explain what the five-percent difference means in actual dollars and cents, whether spending $10,000 more trying the case to recover an extra five percent of a marital estate of only $100,000 in value actually would make sense.

Similarly, if the court considers support of $1,000 monthly for a 15-year old minor dependent, and the lawyer thinks the correct monthly amount should be $1,200, how much time and money would the client have to spend to persuade and convince the court to order the extra $3,600 paid over the 18 months until the minor dependent reaches 18 years of age?

Economics and Emotions

The client’s attention must focus on the economic, not the emotional, costs of trying a case. The McHenry divorce mediation attorney says a lawyer should not advise or encourage additional litigation based on emotional desires to punish a spouse, prove a point, or, worst of all, express a scorched-earth philosophy. Trying a case for any of these reasons is an unwise and often dangerous idea.

It is an unwise idea because

  • It harms the post-divorce relationship between the former spouses by causing ongoing bitterness, making post-judgment litigation more likely, and threatening continued harm to the children.
  • No litigant ever finds complete satisfaction in a court decision regardless of outcome. No decision goes completely the way either litigant wishes, and there is always reason for dissatisfaction.
  • It is far better for litigants to come to a mutually voluntary agreement than for a third party in black to order them how to interact with each other and with their children.

It is a dangerous idea because

  • Litigation is always risky in some way that could end badly.
  • Most normal, healthy, well-adjusted adults can tolerate divorce trauma even when they suffer unfairly. Parties who insist on litigation for emotional reasons tend to be abnormal, unhealthy, and maladjusted.
  • Some judges can perceive those traits, and in family law, where there are few hard and fast rules for black and white decisions and large grey areas for discretion, the emotionally motivated tend to fare poorly.

Consult a McHenry Divorce Mediation Attorney

Mediation is not infrequently the right road to voluntary agreements that save time, money, headaches, and hardships. Legal representation is a necessity in any family law case, but no one should have to face bankruptcy to pay a divorce lawyer to conduct costly litigation. Contact a McHenry divorce mediation attorney from the Stetler Law Group at 815-529-4554 today for a free consultation.