Are you thinking about taking court action against your partner? Whether you are filing for a divorce or resolving disputes surrounding family property or child welfare, going to court isn't always the wisest decision. Other options such as mediation may be more suitable for you and your partner. Therefore, before litigating your case in court, here are a few things that you should know.
Examine the Strength of Your Case
Court cases always have set outcomes: You either win or lose the case. Before taking your partner to court, it's essential to assess the strength of your case. Strength is determined by the evidence you have against the other party. Note that mere assumptions and gut feelings aren't adequate evidence. In some cases, the court may even require independent reports from experts.
If you lack adequate evidence, your case may not hold water. For example, merely claiming your partner is cheating without concrete proof may not sway the court to adjust the property settlement in your favour. That's why you need to talk to a lawyer so they can weigh your case, review the available evidence and advise on whether litigation is the best course of action.
Compare Costs vs. Benefits of Litigation
Before litigating a case in court, you should evaluate the cost vs. benefit factor. How much will you spend during court proceedings and how much do you stand to gain if you win? Benefits don't have to be monetary. For example, getting full custody of a child in a divorce case, alimony, fair property settlement or child support can count as a win.
Your possibility of winning and gaining from the process is pegged on the weight of your case. For example, if you are an abusive partner, you may be denied full custody of a child. Going to court will only waste your resources. A good family lawyer can assess your case, weigh the costs against the benefits if you win and offer professional advice.
Exhaust All Out-of-Court Avenues
Whether you're dealing with divorce, child support, alimony or separation cases, going to court shouldn't be your first choice. Exhaust all out-of-court avenues beforehand. These include the following:
All these options involve using an expert to help resolve underlying issues without going to court. Your lawyers can be present for legal services and professional advice. These avenues allow for an amicable settlement where each party's needs are considered. If all these channels fail, you can think about going the litigation way.
Most family issues are delicate, and keeping them out of court and away from the public eye may be the best way to salvage relationships. Talk to a lawyer like one at Ray Swift Moutrage & Associates for a professional and objective opinion of the matter at hand.