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Should you litigate a contentious divorce?

On Behalf of | Apr 15, 2024 | Divorce |

If you find yourself in a situation where you and your spouse cannot agree on the terms of your divorce, you may wonder if litigation is the only option. Litigation can take the emotion out of the process and resolve conflicts in your case.

You should understand the factors that contribute to a contentious divorce and the role of litigation in resolving disputes.

Understanding contentious divorces

A contentious divorce occurs when the spouses are unable to reach an agreement on key issues such as property division, alimony and child custody.

This can happen for a variety of reasons, including high levels of conflict and emotional tension between you and your spouse. Complex financial situations, such as ownership of multiple properties or businesses, also play a role. You might also experience conflict as a result of disagreements over parenting plans and child support. When you cannot resolve these issues through negotiation or mediation, litigation may become necessary.

The role of litigation

Litigation involves taking the divorce case to court, where a judge will make decisions on the disputed issues. While most divorces do not require litigation, it can be an important tool in resolving contentious cases. A skilled litigator can help you present your case effectively in court and protect your rights and interests. They can also help you achieve a fair and equitable outcome in your case.

Even if your divorce does not ultimately require litigation, preparing your case for the possibility of going to court can strengthen your position in negotiations and help ensure a better outcome.

While most divorces do not end up in court, preparing for the possibility of litigation is the best way to protect your interests and move forward with your life.