There are many benefits to a collaborative divorce. However, some divorces will have sticking points like disputes over custody of the children, division of assets or spousal maintenance. There may be other mitigating factors involved that make litigation the best option.
Typically, the type of marriage will dictate the kind of divorce. If the couple fought a lot or has trouble agreeing on matters, a judge’s decision takes the pressure off the couple to agree, or it gives a concerned party solace in knowing that the decision will theoretically be a “fair” one.
Reasons for litigation
The circumstances for divorce litigation are individual, but common reasons include:
- The estate is complicated: The number and/or character of assets and their value may be hard to determine without impartial analysis.
- One side is not negotiating in good faith: The bedrock of mediation is a willingness to resolve disputes through compromise, but some are unwilling to compromise.
- Domestic abuse: It is often difficult for victims of domestic violence to feel that they are fairly treated.
- Hiding assets: A judge can issue subpoenas if there are questions regarding hidden assets.
- Addiction issues: It can be difficult to reason with or get commitments from an addict, so a judge can make decisions and impose conditions (such as sobriety earns access to the children).
- There is a prenup or postnup: These documents offer many benefits and safeguards, but their validity may be questionable.
Peace of mind is worth fighting for
There is an assumption that all lawyers go to court, but this is not true. Sometimes an aggressive and highly skilled litigator may be necessary for protecting the best interests of the client. A knowledgeable Board-certified Family Law expert attorney in Collin County, Dallas County, Denton County, Tarrant County, Midland County, Ector County, or elsewhere throughout Texas who has many years of experience with high-conflict divorces involving a variety of challenging issues is often the best option when fighting for an equitable agreement.