Reasons to Litigate a Divorce rather than Mediate

 Posted on December 26, 2013 in Divorce

A divorce can be accomplished in a number of different ways.  There is the process of mediation which lets the couple work with an unbiased third party who elicits an agreeable solution.  There is also a collaborative divorce option, which allows each party to employ a lawyer who assists in negotiating a final divorce agreement.

These amicable processes can offer a lot of benefits that are not available to those who resort to litigation.  The most practical benefits are the money and time that can be saved by avoiding the courtroom.  The paperwork and meetings and other processes can be shortened and scheduled to fit each spouse’s schedules.  It also protects children from being forced to see their parents fight.  Instead of fighting, the spouses can come together to make a workable and enforceable solution to difficult topics like custody, spousal support, and the division of property.

The other option for creating a divorce agreement is by litigating or carrying out a lawsuit.  One spouse will file a petition for divorce which might not be the wish of the other spouse.  As such, it is more of an adversarial process that can be more stressful and costly.  Yet, divorce cases that begin in litigation are commonly settled out of court.  Even given the many benefits of amicable processes, there are scenarios were it is more appropriate to litigate.

One reason to seek a litigated divorce is if your spouse is not communicating with you about their desires.  An amicable divorce needs both spouses to work together.  That does not work if your spouse is combative, missing, violent or deceptive.  Litigation is necessary because you must sue your spouse for a divorce if they will not agree to it willingly.

Another reason to seek a litigated divorce is because the end result may not be desirable in an amicable divorce.  If negotiations stop, then the whole process must be started again with new lawyers.  Or if there is an agreement, it may benefit one spouse more than the other.   To make sure you address your divorce in the correct manner, it is essential to speak to a legal professional.  Contact an experienced family law attorney in Arlington Heights today to find the best process for you.