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  • S Nicky Mitchell

You can, but should you?

Updated: Jan 7, 2020

This is not the usual legal article, but bear with me.


I have been practicing family law for the last 21 years, and concentrating therein for the last 14 years. One of the most important questions I ask clients has absolutely nothing to do with their legal rights. Although the law may entitle you to particular assets, a division of debt, or a particular visitation schedule with the children, should you pursue it?


As an initial matter, clients should always consider the full panoply of options available to them in relation to their financial position in a divorce. But after a full analysis of the financial picture has been conducted, they should also consider the human costs involved.

I am often faced with clients that just want out...at any cost. No one should ever tell them, not even an attorney, that they are wrong about a decision that they have made for their lives. It is THEIR life!


For the person reading this, I will make it more personal. It is YOUR life! You will be the one left with the trauma you may endure as a result of a long, contentious divorce or ongoing tensions with a former spouse as a result of your supposed "win". Your mental health is invaluable. Sometimes it far exceeds the value of fighting with a soon-to-be former mate over visitation with the children, or distribution of the marital assets and debts, or any other issue. So when you consider your options in a divorce, always consider your mental and physical well-being as much as you do the financial one.



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