For most people, ending a marriage amicably is the goal. Going to court and facing a drawn-out legal process that is both financially and emotionally draining is the last thing they want to do. Divorce mediation is a great option for divorcing couples committed to a positive and friendly outcome for all parties involved. However, sometimes it’s better — and necessary — to retain a divorce attorney to help enforce your rights.
Divorce litigation is a process of resolving your divorce in family court before a judge. Here are some occasions when litigating divorce may be best:
Your spouse is manipulative
Your spouse has spent years manipulating you, whether by words, actions or force to do things their way. Divorce can control the manipulative spouse into a combative mode if they feel they are losing control of the situation. While they may plead with you to take things to mediation by saying that you can sit around a table and work it all out, that may not be best for you. Litigation can provide a formal legal process with established rules and procedures. This can help protect the interests of the vulnerable party and ensure that their rights are upheld.
Your spouse is physically abusive
Litigation can provide important legal protections and support for someone in a physically abusive marriage. Through litigation, an abused spouse can seek and obtain legal protection. In cases of child custody, the court can consider this information when making decisions about the children’s well-being and safety.
You can’t agree
Uncontested divorces are a quick option for couples that can agree on everything. They document their agreement and take it for a judge to sign off on. Yet, it can be very hard to agree on every last detail, especially if you have a lot of assets or children or both. In these cases, litigation before a judge may be the only way to come to an agreement.
Poppe & Associates can help
There are many ways to handle your divorce, and understanding more about them can help you make the right choice. At Poppe & Associates our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation by calling 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.