There are various options for handling a divorce without litigation. You can opt for mediation, collaborative, or go the DIY route. All of these options have their pros and cons, but there are situations in which it's best to ignore the alternatives and head to court. Here are some of these situations:
Your Spouse Is Difficult
Most forms of alternative divorce methods require cooperation with your spouse. You need to work closely with your spouse so that you can reach a mutually beneficial agreement. Unfortunately, you might not reach such an agreement if your spouse is difficult.
Your spouse can be difficult in several ways. They can hide assets, drag their feet when asked to produced documents, challenge everything you say, fail to show up for meetings, and such like things. In such a case, you have no option but to head to court where the judge will compel your spouse to do the necessary things.
Your Spouse Is Abusive
You shouldn't try alternative divorce methods if your spouse is abusive to you, your child, or both of you. In such a case, you will obviously fear your spouse, and going toe-to-toe with them without protection would be unwise. You need to litigate your divorce so that the court can protect you and your child.
Your Spouse Is Mentally Ill
Mentally ill spouses are protected by law. Such a person might not know their rights, have the resources to defend themselves, or even know what is right or wrong for them. Besides, your spouse might not be able to participate in divorce proceedings on their own. When you go to court, the court will appoint someone to act on your mentally ill spouse's behalf.
You Want a Fault Divorce
Although you can get a no-fault divorce in virtually any state, you also have the right to seek a fault divorce. Depending on your state's laws and circumstances, the benefits of a fault divorce include things like no waiting period and potentially larger divorce settlement. Your spouse has the right to challenge your grounds for divorce. Therefore, the court has to handle your at-fault divorce.
You Are Unable To Agree
Lastly, even if you had opted for any of the alternative forms of divorce, you will have to litigate if you can't reach an agreement. Neither of you has the right to force an agreement. You will have to go to court and ask the court to decide on the contentious issues.
Consult a divorce lawyer if you are considering litigating your divorce. The lawyer will analyze your circumstances and advise you on the best way forward. For more information, reach out to law firms like the Law Offices of Jamie L. Hazlett & Associates.
