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3 instances when litigation is suitable for a divorce

On Behalf of | Feb 28, 2024 | Divorce

Divorce is a challenging process, often fraught with emotion and uncertainty. While many divorces are resolved amicably through mediation or negotiation, there are instances when litigation becomes necessary to protect divorcing couples’ rights and interests.

In cases where there is a high level of conflict between spouses, litigation may be necessary to help ensure a fair resolution. When negotiations break down, litigation can provide a structured process for resolving disputes through the court system.

1. Child custody battles

Among the most disputable issues in a divorce involving children is child custody. When parents cannot reach an agreement on custody arrangements, litigation may be necessary to determine the child’s best interests. A family court judge will consider factors such as the child’s relationship with each parent, the ability of each parent to provide a stable environment and any history of abuse or neglect.

2. Complex asset division

Dividing marital assets can be a complex and contentious process, especially in high-net-worth divorces. When spouses cannot agree on how to divide property, businesses, investments and other assets, litigation may be necessary to help ensure a fair distribution. During litigation, each spouse has the opportunity to present evidence and arguments supporting their position, and a judge will ultimately decide based on the relevant laws and precedents.

3. Spousal support disputes

Spousal support is often a point of contention in divorces, particularly when one spouse earns significantly more than the other. Litigation may be necessary to resolve disputes over the amount and duration of spousal support payments.

When determining an appropriate spousal support arrangement, a judge considers factors such as the length of the marriage, each spouse’s earning capacity and any financial sacrifices made during the marriage.

While litigation should always be approached as a last resort in divorce cases, there are instances where it may be necessary to protect divorcing couples’ rights and interests. By understanding the circumstances under which litigation is most suitable and seeking guidance from an experienced legal team, divorcing couples can confidently navigate the divorce process and achieve a fair and equitable resolution.