While mediation offers a collaborative and often cost-effective approach to divorce, it's not always the right solution for every couple. In some cases, divorce litigation becomes necessary to protect your interests and achieve a fair resolution. Here are some key reasons why:
- History of Domestic Violence or Abuse: When there's a history of domestic violence or abuse, mediation may not be safe or appropriate. Litigation provides a more structured and protective environment where you can present your case without fear of intimidation.
- Significant Power Imbalance: If one spouse has significantly more power or control over the other, mediation may not be a level playing field. Litigation ensures that both parties have equal access to legal representation and a neutral decision-maker.
- Complex Financial Issues: High-value assets, hidden assets, or complicated financial arrangements can make it difficult to reach a fair agreement in mediation. Litigation allows for formal discovery and expert analysis to uncover all relevant information and ensure a just division of property.
- Unwillingness to Cooperate: If one spouse is unwilling to negotiate in good faith or refuses to compromise, mediation is unlikely to be successful. Litigation provides a means to resolve disputes when voluntary agreement is not possible.
- High-Conflict Custody Disputes: When parents cannot agree on child custody arrangements, litigation may be the only way to determine what is in the best interests of the child.
The Role of Your Attorney If you find yourself in a situation where divorce litigation is necessary, having an experienced family law attorney by your side is crucial. Your attorney will:
- Protect your rights and interests throughout the litigation process.
- Gather evidence, interview witnesses, and build a strong case on your behalf.
- Advocate for you in court and negotiate with the other party's attorney.
- Help you understand the legal complexities and make informed decisions.
Remember, while litigation may be more adversarial than mediation, it's sometimes the only way to achieve a fair and just outcome in a divorce. By understanding the reasons why litigation may be necessary and seeking the guidance of a skilled attorney, you can navigate this challenging process with confidence.