To Litigate, or Not to Litigate, That is the Question

If you are going through a divorce, there are many things to consider. It is a difficult time, emotions are high, and you are confronted with a number of decisions that you may not be in the best state of mind to make. Now, no two divorces will be identical, so while having a support system who has “been there” can certainly be helpful, their situation may be extremely different then yours.

There are a variety of factors that can contribute to a divorce, and depending on how the decision was come upon, you and your ex may be on civil terms, but other times, if the relationship ended badly, communication and compromise may be impossible concepts to wrap your mind around. Because each divorce is different, each course of action is also different. While some couples have relatively simple cases without much contention between spouses, other couples may have more complex divorces that require careful and strategic planning.

In a complex divorce, attorneys work to negotiate a settlement agreement. How long this will take is dependent on the complexity of a couple’s assets and financial portfolio and how willing each partner is to compromise. If an agreement is reached and signed by both parties, a trial can be avoided.

While the majority of divorces are handled out of court, some circumstances do unfortunately require a courtroom.

If you are in the midst of a divorce, or just starting the process, you may be asking yourself what is the best course of action for you? If it is a difficult divorce and agreeing with your spouse seems like a pipe dream, you may be considering litigation. If this is the case, you should consider a few things before putting yourself in front of a judge.

Child custody issues are often one of the most contentious and difficult aspects of any divorce. While shared parenting is a popular solution, it does not work for everyone. If one partner is seeking sole custody without visitation and refuses to compromise on the issue, litigation may be unavoidable.

Similarly, in high-net worth divorces, assets may become an issue. If you feel your partner is not being truthful about disclosing their income and you believe they are being fraudulent, litigation may be the only means to assure a fair outcome.

Trials can be lengthy and taxing, causing a divorce to be prolonged and emotionally heightened for all involved. While trial can be necessary, one should be prepared for the difficulties it may bring. While reaching a settlement out of court allows you to negotiate and compromise, once you are in front of a judge, their decision is likely final.

If you are considering a divorce, it is best to make an informed decision regarding your course of action. The experienced and compassionate divorce attorneys at Fields and Dennis, LLP tailor their approach to your unique circumstances. For a confidential consultation, contact Fields and Dennis today.