Many divorcing couples are eager to avoid a trial and to decide for themselves what a divorce settlement will look like, such as by going through divorce mediation or getting an uncontested divorce. This is not a feasible option for everyone, however. If you cannot reach an uncontested divorce, agree on mediation, or work with collaborative lawyers, then you may need to go to divorce court. Read on to learn when a litigated divorce might be better than the alternatives.
As much as a divorcing spouse may want to go through an amicable divorce, it takes the cooperation of both spouses to get there. There are situations where it would simply be impossible for one spouse to agree with the other in order to write up a settlement, even if a mediator is involved. One of these situations includes when one spouse hires a bulldog lawyer, someone who has sided with that spouse and told them that it is in their best interests to fight tooth and nail for every cent and over every little detail. If your spouse hired an aggressive attorney, not only may they be hurt and set on revenge, but there may be no avoiding a trial.
Even without the aid of an antagonistic lawyer, some spouses can be aggressive enough on their own. Especially in cases where there has been emotional abuse, one spouse may want to bully the other around as always. This situation is not exactly conducive to divorce mediation. That being said, if you go with the right mediator, and if you have a legal advocate on your side, you may still be able to arrive at a fair settlement through mediation or a collaborative divorce. However, in order to start a process like mediation, your spouse would have to agree to enter the process. So while there are ways to level the playing field in mediation, the other spouse could refuse to negotiate, forcing the divorce to be handled in court.
In similar cases, there are spouses who simply refuse to talk with the other, or whose only communication is to vent and accuse, sending out a stream of vitriol. If one spouse is highly emotional and cannot engage in the type of negotiations that are necessary for an uncontested divorce, then they may not be able to handle collaboration or mediation either.
Then, there are cases where it is obvious that you would need to go to divorce court. This would be the case if your spouse has disappeared. If you cannot track him or her down, then it is likely that under your state's laws, you can still get a divorce without ever having your spouse show up in court with you. You likely would only have to attend a hearing in court, and you could get the divorce. Be certain to talk with a local attorney about this matter, however, as state laws can vary wildly.
Finally, there are times where a spouse is hiding assets from the other, even outright committing fraud. This could be the case if a spouse is intent on keeping as much money as possible, or if they are bent on seeing their spouse lose assets for the sake of revenge. This also occurs in some cases where a spouse is having an affair. Again, this scenario likely rules out mediation or any other alternative to court.
Whether you face the prospect of a divorce trial, or whether you want to try an alternative process like mediation, one of the most important decisions you will make in your divorce is your choice of lawyer. If you are not sure about what process to initiate, then it is a good idea to consult an attorney first. Start looking through our directory today to find the skilled divorce attorney you need and deserve.