Many divorces are settled outside of court. More people than ever before now recognize the value of prenuptial and postnuptial agreements, which means they are in a position to file an uncontested divorce when their marriage ends.
Additionally, many people now turn to collaborative law or mediation to help them settle matters outside of court. An uncontested divorce filing keeps things private and keeps costs lower. Why do some couples choose to litigate the terms of their divorce?
One spouse is unwilling to compromise with the other
One of the main reasons that divorce cases wind up in front of the judge is that the spouses simply cannot find a compromise that works. Sometimes, both parties contribute to this issue, but often one spouse has unrealistic demands on which they refuse to compromise. When that happens, the best option may be to go to court and have a judge make a decision based on state law.
When one spouse fears for their safety
In divorces involving abuse, collaborative divorce is not be the best approach. Mediation won’t work either with one spouse threatening the other or possibly their shared children. In these kinds of cases, alternative approaches to divorce are not the safest option. Further, it may be necessary to involve the courts for the protection of an abused spouse or any endangered children.
Many couples, even those still emotional at the prospect of divorce, can find a way to settle their issues outside of the courtroom. However, understanding why some people litigate their divorce proceedings can help you determine if this may be necessary in your case.
