How to Know When Divorce Litigation is Needed

 Posted on October 25, 2023 in Divorce

Divorce is a difficult decision, often accompanied by tremendous emotional turmoil. While some divorces can be resolved in a more amicable way without the need for litigation, others may require legal intervention. Understanding the circumstances that warrant divorce litigation can help people navigate this challenging process more effectively. In such cases, it is strongly recommended that you hire a lawyer to represent you and your interests during the entirety of your divorce. While hiring an Illinois divorce lawyer is not required by law, it is unquestionably the most prudent decision you can make as you prepare for divorce proceedings.

Signs that Litigation May Be Necessary in Your Divorce

Certain issues may exist throughout a couple’s marriage or divorce that signal litigation may be needed, including:

• Communication has deteriorated – Divorce litigation may be necessary when communication between spouses becomes impossible or ineffective. If attempts at mediation or counseling have failed and conflicts remain unresolved, litigation can provide a structured environment where disputes can be addressed under the guidance of the law. 

• Disputes involving custody or support – One of the most common reasons for divorce litigation is the heavily contentious issue of child custody and support. When parents cannot agree on custody arrangements, or disagreements arise regarding child support, litigation may be necessary to protect the interests of the children involved.

• Assets are complex – Litigation is often necessary when assets are complex or plentiful, such as in cases where high-net-worth individuals are getting divorced or businesses and similar entities are involved in the asset division process. 

• When domestic violence is a factor – Divorce litigation is almost always necessary when domestic violence concerns are in play. In processes such as mediation, the power dynamic of a marriage seeped in violence is often unfair to the spouse suffering the abuse. If domestic violence is a factor in proceedings, litigation is the best option for the abused spouse. Litigation in this context can also give the abused individual a chance to pursue an order of protection to protect themselves from the abuse they have endured. 

• Financial misconduct concerns – If one spouse is believed to be or is confirmed to be hiding assets or engaging in other forms of financial misconduct, litigation can play a crucial role in uncovering the truth about whatever is going away. In this situation, litigation can help ensure transparency and fairness in asset division. 

Contact a DuPage County Divorce Lawyer 

For attorneys well versed in divorce litigation, contact the skilled Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.