Whenever possible, many people like to keep their divorce out of the courtroom. While there are a number of benefits to doing so, it’s also not feasible in some cases. Let’s discuss three circumstances for which divorce litigation is most likely the better option.
1. High Conflict
If you and your soon-to-be ex-spouse have a history of conflict, or it is already known that you will disagree about many aspects of your divorce, you will likely need a court to make final decisions for you. This is beneficial as it will help save you both the time and stress of arguing, while an unbiased judge can make the final calls regarding your assets, custody agreement, and support payments.
2. One Spouse Is Against The Divorce
In some cases, one spouse wants a divorce while the other wants to remain married. In these circumstances, the resistant spouse may not be open to handling the divorce outside of court because they don’t want to handle the divorce at all. In these instances, it’s best to litigate.
It’s important to note that if you believe there is a chance of reconciliation between you and your spouse, you should consider legal separation as a ‘trial run’ before the official divorce. Learn more about this option here.
3. Cases of Domestic Violence
If you and your spouse have a history of violence or abuse, it’s best to handle your divorce through the courts. Litigation is the safest option. You should also seek protection and request a restraining order if you are concerned about your safety.
For more detailed information about obtaining a restraining order against a family member, click here.
Bend Divorce Attorneys
At Baxter Harder, LLC, we understand that for many people litigation is the last resort. We are passionate about ensuring your experience with litigation goes smoothly, and we want to help you obtain the best possible result. To get started with our team, call (541) 238-9210.