Divorce 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.
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