A collaborative divorce has many advantages, but unfortunately every now and then litigation is required. While collaborative divorces are much more cost efficient and client-driven, some spouses just can’t come to any reasonable agreements.
When a divorce requires litigation, it is usually adversarial by nature. Each party and their attorney want and push for their own personal interests. This can be confusing and complicated in terms of allocating assets and working out what is best for children involved, if there are any. While a collaborative divorce is ideal, sometimes litigation is the better choice.
Some situations where litigation may be the better option for a divorce proceeding includes:
When domestic violence or child abuse occurs, it is a serious matter that should be addressed by a judge. Many victims of abuse recant their statements or are too vulnerable to come forward in front of their abuser, which makes litigation safer and more likely to end the abuse. This also allows victims to have their rights better represented as the abuser may attempt to overpower decisions in other settings.
Often one party either: 1) absolutely refuse to come to a fair agreement, 2) finds it difficult to conduct reasonable conversations in the relationship, or 3) is incapable of considering the other spouse’s best interest. In these situations, litigation may be the right route to go.
Complex financial issues as well as marriages with a high number of assets and liabilities may be better handled with litigation if one of the parties considers the assets “their” property and refuses to consider a fair division of the property. Details can get messy, and vengeful spouses can lie about their intention to settle or even delay granting the divorce.
A very sensitive but important time to potentially utilize litigation is when one spouse has an enduring mental illness or addiction. These illnesses can impair rational thinking and decision-making, as well as put children at risk. This can be hard on both spouses and may be best for a judge to handle.
If you are looking for legal assistance during your divorce, contact Kafoglis Law for a consultation.