Litigation is not ideal in a divorce, yet frequently chosen by couples who are looking to terminate their marriage. If both partners in the relationship are on friendly terms, they can easily avoid a great deal of stress and conflict by opting for mediation, arbitration, collaborative divorce, or DIY divorce. Generally speaking, divorce litigation has its disadvantages but it is inevitable under certain circumstances. Litigation is definitely more complex, tiresome, time-consuming, and costly than out-of-court settlements. However, just because you chose litigation does not mean that your divorce case will automatically end up in the courtroom.
Majority of divorce cases go through litigation, but only 5% make it to a court trial. Texas Civil Litigation Attorney conveys that divorce litigation is the only solution available to resolve disputes among the divorcing parties. All cases are presented in family court; the assessment of the judge or jury dictates the final outcome. It is essential to note that courtroom litigations are risky because your fate lies in the hands of an entity that does not personally know you and your spouse. You forego the right to make decisions regarding all aspects of divorce, ranging from distribution of marital assets to child custody.
Divorce Litigation becomes a necessity in the following situations:
One Spouse Rejects the Motion
If you have a valid reason for seeking divorce and you have talked it over with your spouse, they ought to respect your wishes. Unfortunately, in some cases one party is adamant on defying the notion, irrespective of all efforts made by their partner to persuade them. In some scenarios, the husband or wife is not ready to accept the end of the marriage and move on. If you find yourself in a similar situation, you may request legal authorities to intervene.
The Couple does not agree on anything
Asset division, child custody, child support, and alimony are hot topics in divorce litigation. Both partners have very different ideas regarding financial management and parenting plans. If the couple cannot negotiate or reach a compromise on their own, mediation or arbitration may help. At times, one or both parties purposely disagree with the other to make a scene or cause annoyance. When the divorce turns into a competition or war, litigation is the only feasible method to put an end to the chaos.
One Party is being Unreasonable
The divorce becomes ugly when one party is trying to be civil, but the other is out of line. The troublemaker may refuse to listen to the attorney or a mediator. In some cases, one spouse attempts to block assets or alienate the children from the other parent.
Health Issues, Addiction, & Abuse
If one of the spouses is struggling with alcohol or drug addiction, he/she could be a threat to their partner and children. The addiction may also lead to financial deficits and domestic violence. Domestic violence comes in many forms: physical, psychological, financial, and emotional. An aggressive spouse can be dangerously intimidating and controlling; they will manipulate or exploit the victim in several ways to keep them tied up in the relationship. Similarly, attaining divorce from a person who is mentally unstable or ill could be problematic, thus legal assistance is crucial.