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When is divorce litigation necessary?

Each couple’s marriage is unique, so it should come as no surprise that the same applies should the couple choose to file for divorce. Some people who have functional though perhaps loveless marriages tend to mediate a workable divorce agreement that addressed all the critical issues. Others’ relationships may be more damaged or complex making settlement more challenging, and in some cases impossible.

Couples able to mediate a fair and equitable divorce agreement often find the process to be less expensive, faster and less confrontational. Going to court, on the other hand, takes extensive preparation and patience in finding a court date, not to mention the emotional toll of court. However, regardless of desire to remain out of the Courtroom, Court may be necessary to get a fair and equitable divorce agreement. With the restrictions imposed by COVID-19, many courts are even less accessible than they were before the pandemic.

Reasons why court would be the best option

Some find that the only ways they can protect their parental and personal rights are to litigate. Reasons why include:

  • Couples are uncooperative: One or both sides are unwilling to negotiate on one or more issues, such as custody or support.
  • One side is unreasonable: It may be a situation where a spouse may want more than an equitable share of the assets or a situation where a disproportionate share of the assets is equitable.
  • Unique circumstances: Couples may have a large number of assets, disagree on the value of some assets (such as a business), or face unusual challenges in raising a family.
  • Reports of abuse: Courts typically get involved whenever there is proof or allegations of abuse of a spouse or a child. The court’s presence ensures that these matters are properly investigated.
  • A spouse refuses: Some don’t believe that the marriage is over or feel bound to remain married due to religious beliefs.

Its best to weigh your options

Those considering divorce often find it helpful to determine their best options and likely outcomes for each approach. For example, is the litigation worth the extra expense? A family law attorney can help determine the best course of action to achieve the client’s goals. In unique situations, pre-divorce planning can help avoid many unanticipated negative outcomes of divorce.

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