Is Divorce Litigation the Right Choice for Me?

 Posted on January 13, 2020 in Divorce

Just as no two marriages are the same, no two divorces are the same. There are several different paths that a person getting divorced in Illinois may choose to pursue. Some couples are able to work out the terms of their divorce on their own. Others require help from a qualified mediator to come to an agreement about property division, child custody, and other divorce-related issues. Collaborative law offers yet another option for couples ending their marriage. In some situations, especially those involving spouses with a high net worth, a divorce case may require courtroom litigation. Here are some situations in which a divorce may need to be resolved in court:

Cases Involving Financial Fraud

In order for a divorcing couple to reach a fair settlement, the spouses must fully disclose their incomes, assets, and debts. If a spouse is unwilling to be honest and transparent about his or her financial circumstances, effective mediation or a successful collaborative divorce may not be possible. Some spouses will attempt to hide assets or income in hopes that these assets will not be divided during divorce. A person may misreport the income they earn in hopes of influencing decisions about spousal maintenance or child support. If you have reason to believe that your spouse is hiding assets or revenue streams, speak with a divorce attorney right away.

Couples With a History of Abuse or Domestic Violence

The Centers for Disease Control and Prevention (CDC) reports that approximately 1 in 4 women and 1 in 10 men have been the victim of intimate partner violence. If your spouse has physically abused you, used threats to manipulate your actions, or made you feel unsafe, mediation is typically not recommended. You may be coerced or intimidated into accepting a divorce settlement that is not fair. Many victims of domestic violence find that litigation is the only way to get the divorce settlement they truly deserve.

High-Conflict Divorces

Almost every divorce involves some degree of contention. However, sometimes this contention becomes so severe that it prevents the couple from ever reaching an agreement about the terms of their divorce. Litigation may be necessary when other means of resolution fail. If you believe that your divorce will require litigation, it is crucial that you seek representation from a highly experienced divorce attorney.  

Contact a Wheaton, Illinois Divorce Lawyer

The attorneys at The Stogsdill Law Firm, P.C. have more than 100 years of combined experience successfully representing clients during mediation, collaborative divorce, and divorce litigation. We are fully prepared to protect your interests during a divorce trial. To learn more about your options for divorce in Illinois, contact a skilled DuPage County divorce attorney today. Call us at 630-462-9500 to schedule a confidential consultation.

Sources:

https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489