3 Good Reasons to Litigate Your Divorce

Hinsdale divorce lawyerDivorce litigation can be a stressful affair. The hearings may go on for weeks or even months depending on the particular issues of the case. Those going through a high-asset divorce may be in and out of the courtroom for more than a year. Substantial evidence may need to be gathered, including financial records, bank statements, deeds, and more. Litigation is not an expedient method of divorce. The unpleasantness and inconvenience of litigating a divorce drive many spouses, including those who are far from amicable, to resolve their divorces through the use of cooperative divorce techniques such as mediation. 

However, settling divorce issues by mutual agreement is not always an achievable outcome. Although your spouse cannot prevent you from divorcing them, they can force a trial by refusing to sign an agreement. If you have any reason to suspect that your divorce will go to trial, it is critical that you involve a skilled attorney with courtroom experience from the outset of proceedings. 

Factors Suggesting that Litigation Is Appropriate

Wanting to express your side of the story, disparage your ex, or ensure that the fault in the breakdown of the marriage is completely placed on your spouse are not generally good reasons to proceed straight to litigation. Even if your spouse was abusive, an attorney may be able to negotiate with them or their attorney on your behalf to avoid litigation and allow you to begin building a new life more quickly. 

Other reasons to consider divorce litigation include: 

  • An uncooperative spouse - If your spouse refuses to get divorced without a fight, then you may have no option but to take them to court in order to terminate your marriage at all. 
  • High net-worth - If yours is a high-asset marriage, there may be significant wealth at stake. The costs of litigating may not compare to the value of assets you stand to lose should you agree to the terms your spouse insists on. Litigation may result in a more favorable final decree. 
  • Parenting plan conflicts - Going through litigation may be necessary to secure the safety and emotional well-being of your children as well as to guard the bond you share with them. If you and your spouse are unable to arrive at a mutually satisfactory allocation of parenting time and parental responsibilities that will be best for the children, it may make sense to involve a judge and guardian ad litem in the decision-making process. 

In general, if the terms your spouse is willing to agree to in mediation or negotiation are unacceptable to you or potentially harmful to your children, litigation may be in order. 

Contact a DuPage County Divorce Attorney

Law Office of Martoccio & Martoccio has one goal - to achieve a final divorce decree that is fair and in your best interests. Our experienced Hinsdale divorce lawyers are skilled at resolving divorce issues in or out of the courtroom. Call 630-920-8855 for a free consultation. 




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