When you decide to divorce, choosing the right method for your situation can be overwhelming. While there are many reasons to try an alternative divorce, especially given the backlog in the court system due to the global pandemic, it’s not for everyone in every situation. There are circumstances where traditional litigation in a courtroom is worth the time and effort. For some couples, the formality and official nature of a conventional divorce are necessary and beneficial to all parties.
If you suspect your spouse is guilty of any of the following infractions, you would be better served by a traditional divorce.
- Your spouse is hiding income or assets
- You’re afraid of your spouse or has a history of intimidating you
- There is a record of domestic violence against you or any children
- There are problems with addiction
The Benefits of the Litigated Divorce
Even if you want to be collaborative and amicable, in most cases, these issues could derail any alternative divorce proceedings from the start. Issues like child custody, property division, and maintenance will be difficult with a spouse who hides assets or abuses you and your children. A litigated divorce is the traditional model most people are familiar with and understand. Just because your litigated divorce is traditional doesn’t mean you will ever see the inside of a courtroom. Many traditional divorces are settled out of court.
Litigation is the formal term for the act of executing a lawsuit. Many people wish for amicable divorces, but most divorces are the end of a legal arrangement – and the proceedings are typically not the result of two people who agree over terms. Marriages that end are not typically ending in agreement. One party usually wants the divorce, and the other does not. In roughly 80 percent of divorce cases, the decision to divorce is not mutual, which means that one party wants what the other does not. The unilateral divorce is the basis for the adversarial environment for most proceedings. Because the divorce is not mutual, the entire process is likely to be complicated. There isn’t an expectation of cooperation, so when you have a spouse who is being divorced for hiding assets, lying about their income, intimidating you, physically or mentally abusing you or your children, or suffering from addiction, you need the formality, structure, and separation that a traditional litigated divorce provides.
Litigated divorces provide:
- Formal Proceedings
- Presided Over by a Judge
- Clear Boundaries & Highly Structured
- Legal Enforcement and Standards
- Separate Legal Representation and Advocacy
While other forms of divorce provide some of these benefits, a litigated divorce will provide you a formal setting with rules and enforcement. If you need a structured environment where you will be able to speak without interruption or fear of intimidation, formal proceedings will provide this. No one wants a contentious divorce. It’s hard on everyone involved, so if you can work with your spouse to negotiate terms with your legal representation, it would be ideal. However, when dealing with these divorces on these grounds, it can be difficult to avoid.
Cairns Law Group Provides Divorce Representation in Pennsylvania
In situations with problematic partners, you want an attorney who will work as hard as possible to meet your needs. At Cairns Law Group, we realize you want a reasonable settlement that’s as non-confrontational as possible. So, if your estranged partner is refusing to cooperate, call us today at (888) 863-9115 to schedule a consultation.