Divorce Litigation: Is It Necessary?

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Litigation is not an uncommon choice when a couple is going through a divorce. Since this is such a sensitive topic, there is no one size fits all approach. Working with an experienced lawyer who knows your state’s divorce laws is a great place to start. However, if you are thinking about going through the litigation process, here are some of the things you can expect. 

What Is Divorce Litigation?

Divorce litigation is the process of resolving disputes between the divorcing couple. This process requires you to submit any issues the couple has trouble resolving to court with hopes of a fair resolution. Litigation is the method of choice when the family is unable to resolve their differences with any other divorce option.

When is it necessary? 

Although divorce litigation doesn’t always mean that you’ll be taken to court to resolve any issues, sometimes it’s necessary. Here are some determining factors if you want to know whether you need to opt for divorce litigation or not.

When Either Spouse is Not Cooperating

If each spouse has a lawyer and there seems to be no way of compromise, or one of the parties is not cooperating, it is best to take the issue to court. Litigation with the right tools and supporting evidence will lead to a fair and possibly mutually beneficial outcome. It can be a quicker way to resolve a problem when one of the parties refuses to cooperate. 

There Are Unreasonable Expectations

Experienced divorce lawyers are familiar with what the judges’ approach will be depending on the situation. However, if one of the parties insists on a resolution outside of reasonable expectation, taking matters to court is the right move for you.

Unusual Issues

Issues regarding child support, division of property, and parenting plans are common matters in a divorce. However, if any other pressing issues fall outside of these, divorce litigation might be the right option. With unusual issues, court resolutions may vary from case to case.

During courtroom litigation, each spouse will express their side of the situation, including any evidence or documentation to support their stance. This is where hiring an experienced divorce lawyer in Monticello can make a significant difference. 

Experienced Divorce Attorneys in Monticello 

Get in touch with experienced divorce lawyers in Monticello. Divorce litigation is difficult, and trying to reach a resolution without a lawyer won’t allow you to have the most favorable outcome.