Situations That Require Divorce Litigation

 Posted on June 12, 2019 in Divorce

Most divorces are settled between spouses without the need for a lengthy trial. Divorcees start with out-of-court negotiations because it is more beneficial to reach an agreement between each other than to force a judge to decide for them. Even if you are not completely satisfied with your divorce agreement, it may not be worth going to trial because:

• Litigation will cost you more time and money;
• The money you spend on litigation could be greater than what you would have lost by accepting your spouse’s proposal; and
• You could spend all of that time and money only for the judge to side with your spouse or reach a decision that is worse than your spouse’s offer.

Despite the risks, there are situations when going to trial is unavoidable or worth the expense.

Negotiations Breakdown

You will fail to reach an out-of-court divorce settlement if you cannot have reasonable negotiations. You should enter divorce negotiations with a list of goals and a willingness to compromise if it will help you reach an agreement. It is unlikely that either of you will get everything you want from the agreement, and a divorce court may not accept an agreement that unfairly favors you. However, negotiations will fail if:

• Your spouse refuses to concede anything; or
• You both are so far apart on an issue that a compromise is not feasible.

Your divorce attorney will recognize when your negotiations are heading toward an impasse and will prepare you for a possible trial.

Legal Enforcement

You need to file litigation against your spouse to protect yourself if your spouse is using illegal or manipulative tactics during the negotiations. For instance, your spouse may be:

• Hiding assets in order to receive a greater share of properties in the agreement;
• Preventing you from accessing a marital property; or
• Blocking contact with your children.

Hiding assets is a fraudulent activity that may cause a court to penalize your spouse. Your spouse is not allowed to withhold your parenting time or your access to a marital property without a court order. Litigation may be the only way to force your spouse to comply with the law.

Contact a St. Charles Divorce Lawyer

Before deciding to go to trial, you should ask your attorney about your likelihood of success and how much it may cost you. A Kane County divorce attorney at Goostree Law Group can advise you on whether divorce litigation would be a wise decision in your case. To schedule a free consultation, call 630-584-4800.

Source:

https://www.forbes.com/sites/jefflanders/2014/05/22/divorcing-women-is-it-best-to-litigate-or-settle/#1f13d9764618