How to Avoid Divorce Court

We’ve all heard horror stories about contentious divorces that spiral out of control, and that’s something that most of us would like to avoid at nearly any cost. If you are facing a divorce, never fear; there are steps you can take to help ensure that your case does not end up in court, and instead, you can find a less grueling path forward. The fact is that most divorces are settled out of court, and chances are that you will also be able to accomplish this goal. If you are approaching a divorce, consult an experienced Houston divorce lawyer today.

Taking an Alternate Route

Divorce is difficult enough, and you’ll want to do what you can to turn down the heat (whenever possible) as you progress toward finalizing yours. Ultimately, the less hostile your divorce, the better it is for everyone involved – and this is especially true for your children. Every divorce is as unique as the two spouses involved, but your dedicated divorce attorney will help you determine what’s likely to work best for you:

Traditional Legal Negotiations

A traditional divorce—whereby your respective attorneys negotiate with each other regarding your case—remains a viable option. This can be especially helpful if you and your divorcing spouse are not ready to work together but your goals are not so dissimilar that you can’t find some middle ground. Work carefully with your attorney so that he or she is well-prepared to protect your rights and represent your goals.

Collaborative Divorce 

Going through a collaborative divorce process in which you and your spouse work together with the aid of your respective attorneys to come up with creative solutions to your divorce quandaries is often the best path forward. If you and your soon-to-be ex can work toward answers that work for your unique family, you may find an innovative approach that supports everyone’s best interests and that everyone can live with. Don’t ignore the power of collaboration – after all, you collaborated in marriage and might find that you can also collaborate in divorce.


Mediation might be the answer if you and your spouse find yourselves at an impasse in the divorce process. Mediation involves you, your spouse, and your respective divorce attorneys meeting with a neutral third party who acts as a mediator in the proceedings. Mediators are trained to help people find common ground and to come to reasonable terms that both find acceptable. Mediation will not likely give you everything you’d hope for in a divorce. Still, it will provide you with a mechanism to focus on the most important and hammer out the details by meeting somewhere in the middle of your spousal differences.


Like mediation, arbitration is an alternative to litigation that involves bringing in a neutral third party who acts as the arbitrator. The arbitrator will listen to and analyze your unique situation and provide you with binding decisions based on that analysis. Arbitration is less formal than going to court, and it allows you and your spouse (under your attorneys’ guidance) to be heard. However, it’s important to recognize that arbitration is usually binding, which means that the arbitrator will ultimately provide you with solutions with which you must both abide.

These alternatives to court offer a wide range of options for finding a way forward on your terms. Regarding divorce court, the most critical factor to consider is that the court has considerable discretion in determining what is “just and right” in your case, and its analysis of what is just and right may be very different from your own.

The Benefits of Bypassing Divorce Court

By the time you get to divorce court, tensions are running high, and the stress of confronting the unknown only compounds the inherent difficulties. There are some obvious benefits to bypassing court on your journey toward finalizing your divorce:

It Is Less Time-Consuming and Less Costly

Going to court takes both time and money. Your attorney needs time to prepare for the proceedings, and finding a court date that’s mutually acceptable all around can be especially complicated. Finding an alternative path will undoubtedly expedite the process and save you money on legal fees. Since your case is likely predicated on the division of marital property, it only makes sense to do what you can to keep your divorce expenses as low as possible – without sacrificing the protection of your rights.

It Provides You with the Opportunity to Come Up with Unique Solutions

Just like every other divorcing couple, you and your spouse are unique to yourselves. Your situation is as unique as you are, and by working together in your inimitable way, you will have the opportunity to devise individualized solutions that uniquely address your specific needs and that make sense for you and your family. The court has neither the time nor the resources to consider what’s best for you carefully. Instead, it must find practical answers to your issues as expediently as possible. There is much to be said for being able to hammer out your compromises – even if they don’t make you perfectly happy.

It Protects Familial Goodwill

Divorce is hard on everyone, and a contentious divorce is that much harder. If you and your spouse can finalize your divorce while remaining civil, you’ll all be better off for it—especially for your children.

If You Are Facing Divorce, You Need an Experienced Houston Divorce Attorney

The experienced divorce lawyers at The Rudisel Law Firm, P.C., in Houston, have the skill, dedication, and commitment to help you find a path forward that is as civil as possible and protects your rights. We’re here to help, so please contact or call us at 713-781-7775 to schedule a free consultation today.