The Trouble With Courtroom Divorces

 Posted on February 12, 2025 in Divorce

When your relationship with your spouse is slowly but surely becoming a burned bridge, the idea of going to mediation can be nauseating. A litigated divorce in the courtroom can seem like a preferable alternative, allowing you to advocate for your preferred outcome in front of a judge. However, this route may not be in your best interests, and is usually better saved as a last resort.

If you are considering divorce, our skilled Illinois family law attorneys at the Law Offices of Tedone and Morton, P.C. can walk you through your options to avoid an explosive courtroom divorce. Attorney Barbara Morton has over 20 years of experience in issues of family law, and she can provide you with legal guidance and aggressive negotiation throughout the dissolution process.

Scheduling

Courts of family law are frequently swamped with multiple cases at a time. As such, scheduling a court date – let alone multiple court dates – can be a tiresome effort. If you choose to handle your divorce entirely through the courts, you might have to wait months or even years to finalize it.

Moreover, there might be little overlap between the days you are available, days your spouse is available, and days in which the court is open. To attend these hearings, you may have to sacrifice multiple days’ worth of PTO just to get through your divorce. A family law attorney can help you pursue a more efficient solution that respects your time. Arbitration, for example, tends to move much quicker than litigation as it is not bound to a strict schedule.

Expenses

Litigated divorces are costly. If you want to take your divorce to court to protect your assets or because of an alimony dispute, you should consider if the final result will really be worth it. The legal fees alone could outweigh any potential gains from a judge’s ruling.

High-conflict divorces almost always cost more than uncontested, amicable divorces. If you and your spouse can come to an agreement outside of court, it could save you thousands of dollars. At the Law Offices of Tedone and Morton, P.C., our family law attorneys can protect your best interests and look for cost-saving alternatives to litigation.

Lack of Control

It might seem confusing to suggest that you have less control over a litigated divorce. While it is true that you do not have to make compromises if you can convince the judge to accept your proposed solution, that is a very big ‘if.’ The outcome of a litigated divorce depends entirely on a judge’s ruling, which means you are trusting the courts with decisions about child custody, property division, and spousal support.

Instead, you might consider other alternatives that give you more say in the outcome. In mediation, you and your spouse can come up with a mutual agreement that respects your unique circumstances. This can be especially important for custody disputes, as a court-appointed representative may not have the same insights as a parent.

Meet With a Plainfield, IL Divorce Lawyer

Before you rush headlong into a litigated divorce, you should consider all of your options to resolve your dispute with your soon-to-be ex. At the Law Offices of Tedone and Morton, P.C., our Will County, IL family law attorneys can propose creative solutions to protect your best interests. To schedule a free consultation, call our offices at 815-666-1285 today.