Four Situations In Which Divorce Litigation Makes Sense

Law Blog

Settling your divorce outside of the courtroom is always touted as the best way to go, and this is true because it reduces the divorce costs. However, there are times when your efforts to settle your divorce outside of the courtroom may not work and you have no option but to litigate it. Here are a few examples of such situations:

1. You Can't Agree On Important Issues

A typical divorce negotiation will have multiple items on the agenda, but some of them will be more important to you than others. For example, most people consider child custody, asset division, debt management, child support, and spousal support as some of the most important things during divorce. If you are of the same mind and you can't agree on how to handle one or more of these things, then it makes sense to ask for the court's help.

2. Alternative Dispute Resolutions Have Failed

Millions of people have handled their divorce via alternative dispute resolution (ADR) methods such as mediation and arbitration. Granted, these divorce methods aren't suitable for every couple. However, if you have tried them and failed, there is nothing left for you to do but to litigate your divorce.

3. You Have an Abusive Partner

One of the worst things you can do during a divorce is to try and have an out-of-court resolution with an abusive partner. This is true for all forms of abuse, but it is particularly applicable to physical abuse. Imagine sitting across a spouse who has been slapping you around to negotiate your divorce settlement; you may get so scared and agree to things you don't even want. In fact, you can't be sure that they won't attack you physically if they don't agree with you. That's why it's advisable to go to court directly if you want to divorce an abusive partner.

4. Your Partner Isn't Adhering To Past Agreements

Lastly, it's also advisable to go to court if you have been negotiating with your partner for some time, but they keep going back on their word.  Maybe you agreed that they would let you have exclusive use of the house for the duration of the divorce, but it has been a week now and they haven't moved out. Or maybe you separated and you agreed that you would have temporary custody of the kids, but they have failed to release the kids. In this case, it makes sense to go to court and have them enforce the agreements or impose their judgment on both of you.

To learn more, contact a law firm like WORKMAN  LAW FIRM


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