More often than not, when people hear the word “litigation,” they think of battle, war, or fighting. In this episode, I share the screen with divorce and family law attorney Evan Schein sharing his insights about the stigma around divorce litigation and how it isn’t the horror stories we all read about and see on TV.
Understand why often litigation becomes necessary and how so many cases would not have settled if a judge or the court personnel wouldn’t have been involved. Learn the bright sides that aren’t spoken about enough, how litigation becomes necessary, and possibly have a peaceful outcome.
Key Points in this Episode:
✔️ Reframe your mind from associating litigation being knock-down, drag-out divorce portrayed in the news or movies. Evan reminds us that it’s absolutely not often the case. Litigation for many people brings structure, clarity, and accountability to a divorce process since dates and deadlines are established. A judge oversees the process, and many times, litigation often helps quickly accomplish cases settled either on the courthouse steps or in the middle of a first proceeding or shortly after that.
✔️ Consider the judge as a partner in coming up with a fair resolution. The judge spends time and effort working with you, your counsel, and the opposing side in every case to help settle what wouldn’t be reached if you never went to court. Judges want nothing more than to help people transition and move forward.
✔️ Unless you have that team and the right people in place — divorce is overwhelming. So instead, get experts and people who have your best interests in mind to provide you with the information you need to make the best rational decision for your future.
✔️ Educate yourself at the beginning of the process and do your due diligence. Please do your research and talk to professionals to support yourself as you go through the divorce process regarding questions or things to ask and consider your goals and what’s most important to you on the financial side.
✔️ The more you can come to an agreement with your spouse, the better and less expensive it is. Next, try to have a conversation with your spouse about your kids. Making the decisions with your children in the center is how you ultimately create the most peace in the divorce process.
Connect with Eric Broder
Evan Schein is a New York City-based divorce and family law attorney, partner, and the Head of Litigation at Berkman Bottger Newman & Schein LLP.
During his career, he has litigated high-conflict custody cases and complex financial matters.
He has helped clients find post-divorce happiness, build successful financial lives, advocate to protect children, and fight for the rights of victims of domestic violence.
Evan is the host of the Schein On Podcast, where he talks about marriage, money, and divorce.
Connect with Wendy Sterling
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