Those researching as they prepare to divorce will see a lot written about the benefits of avoiding court. Some lawyers will even do their best to prevent it. Different reasons for finding an alternative to court, including the cost of litigation or the stress caused by going to court.
However, some find that going to court is the only way to get a fair and equitable resolution on all issues.
When is it necessary?
The circumstances of each divorce are unique, but some recurring reasons to litigate include:
- Couples can’t cooperate: Sometimes, the relationship between the spouses reaches a point where they find it impossible to reach common ground on specific issues, such as a custody agreement or support.
- One side is unreasonable: It may be a situation where the other side expects a resolution beyond the norm of reasonable. Using litigation may be the only way to rein in their thinking.
- Unusual circumstances: Some couples have unique circumstances that are outside the norm. This could involve stakes in one or multiple businesses, appraising a valuable collection or rare asset, or other unique details.
- One party does not want to divorce: A spouse may not believe that divorce is the best option, perhaps based on religious beliefs or some other grounds. It leads them to fight the process each step of the way.
- Abuse: The courts are typically necessary if the divorce involves allegations or proof of spousal abuse or child abuse. Court involvement ensures that these issues are investigated.
Some attorneys specialize in divorce litigation
If you believe your divorce will end up in court, it is wise to work with an attorney who has the drive, skills, and experience to effectively represent their clients in court. An experienced Board-certified Family Law specialist expert attorney often fills this role to help clients get the court decision they deserve as a parent and as an individual with rights.