Mediation, negotiation, and collaborative divorce are typically the preferred options for resolving a divorce in modern times. They tend to save spouses time and money when they are already going through a difficult period of transition, along with their children. In most cases, it is suggested that spouses at least make an effort to settle their divorce outside the courtroom before resorting to litigation. Even couples who cannot tolerate each other’s presence can sometimes successfully reach agreements through attorney-facilitated communication. However, these alternative resolution techniques are not always practical - or a good idea. In some cases, you will need to go to divorce litigation just to achieve a fair result.
If you anticipate that your divorce will require litigation to solve, it is important that you find an attorney who will aggressively guard your interests in court.
3 Good Reasons to Proceed With Litigation in Your Divorce Action
There are divorce cases where some or all issues can only be resolved through a courtroom battle. Divorce courts exist for a reason. Sometimes an impartial judge is the best person to decide issues including property division, whether spousal support is appropriate, and child custody arrangements. Reasons your attorney may advise you to proceed with divorce litigation in a high-conflict case include:
Alternatives have failed - You have tried mediation. Your spouse did not show up, it turned into a screaming match, or you simply got nowhere. You have made reasonable efforts at negotiating through your attorney, but you cannot get a reply, or at least not a reasonable one. At this point, you have exhausted all other alternatives and litigation might be your only choice.
Unreasonable spouse - Your spouse wants to keep the marital home, the kids, and the entire 401(k), plus your joint savings. They do not care that you have not worked in fifteen years because you stayed home to raise the children, they are not paying spousal support. That is their position and they are not budging from it - they will settle for no less. You and your attorney both know that there is no way a judge would ever issue that order were the decisions left to them. You are likely to get a much better result if you go to court.
Questionable prenuptial agreement - Not every prenuptial or postnuptial agreement is enforceable. If it heavily favors your spouse, they will probably insist that any divorce agreement should be governed by it. This can bring any attempts at negotiation to a screeching halt. You may need to go to court simply to have your unconscionable or coerced “agreement” thrown out.
In these cases, it may be in your best interest to go ahead and litigate.
Call a Jefferson County Divorce Attorney
If you are facing a high-conflict divorce, Pesch Law Office PC can provide you with aggressive representation. Our experienced Golden divorce lawyers will protect your interests at every turn, no matter which method of resolution we ultimately use. Call to arrange a confidential consultation.
Source:
https://www.forbes.com/sites/frawleypollock/2020/02/18/divorce-dilemma-settle-or-go-to-trial/
