Going through the divorce process? It can be a complicated thing. You may face many tough situations like splitting the assets and deciding your child’s custody. More often than not, the two parties can’t arrive at a mutual agreement.
When you can’t get agree on the terms of the divorce, litigated divorce is your go-to option. You can seek the help of the court to reach a fair agreement. Here are important things you need to know about the divorce litigation.
What Is Divorce Litigation?
When a couple or the family can’t reach a mutual agreement, they opt for divorce litigation. It’s a method of divorce settlement through the court. The parties involved submit their matter in front of a family court which helps them decide the terms of the divorce.
When do you need the divorce litigation?
People try to settle their divorce outside the court, often referred to as uncontested divorce. But that doesn’t always happen and couples simply cannot come to an agreement on their own and divorce litigation becomes necessary. Here are some conditions where you need to bring your case in front of a judge.
When there’s a lack of cooperation
When one of the divorcing parties isn’t very cooperative in reaching an agreement, litigation becomes inevitable. While you try to reach an agreement conflicts are bound to happen. If there is too much animosity between the couple to divide their assets on their own then your attorney will advise you to take your case to court.
Lack of cooperation is often a result of power-based negotiations. This is when you want an attorney who wants to fight and win the litigation on your behalf. If an attorney uses interest-based negotiations to satisfy both parties, litigation can be avoided.
When a party is being unreasonable
While you may want a peaceful divorce your spouse may not. If they are refusing to sign the divorce papers or in situations where domestic violence was part of the marriage then you need the court to intervene and proceed with the divorce anyway.
When there are some unique conditions
Divorce cases often involve issues like child custody, parenting plans, asset divisions, spousal support, etc. High net worth divorces often end up in court, to make sure that all assets are accounted for and are divided equally. If there is a prenuptial agreement in place and one party wants to challenge the validity. Dragging your divorce through the courts is never ideal, it is painful and expensive, however sometimes it is necessary.When the going gets tough, and resolution seems impossible, the court is always there to help.