While there are a variety of benefits that come along with pursuing alternatives to taking your divorce to court, your circumstances may mean that standing in front of a judge will result in the best possible outcome. Whether early negotiations became contentious, messy, or outright hostile, there are a variety of reasons for you to move on from mediation and turn your focus to a more legally binding and structured setting to ensure that you aren’t left with an unfavorable situation once the divorce process is complete. Some of the most common reasons to take your divorce to court include:
Your Spouse Displays Bad Faith: Whether your spouse is attempting to hide marital assets for personal gain, hide items or belongings that hold personal significance to you in an attempt to gain leverage over you or cause you emotional distress, or any number of other dishonest tactics they attempt to attempt to secure a better outcome for themselves, they are displaying bad faith tactics. There are legal consequences a judge can enforce if your spouse attempts to do this, and a court setting can, at the very least, give you the best situation to fight back against these types of tactics.
There is a History of Abuse: Your safety is a vital part of any divorce proceeding, and pursuing an alternative to court may not be the best decision if your spouse has a history of abuse. No matter how skilled the mediator may be, they only have a limited amount of power to stop an abusive spouse from manipulating you into agreeing to an unfavorable outcome, while a judge has legal power to stop them from attempting such tactics.
Refusal to Cooperate: Your spouse may refuse to negotiate with you, especially if they weren’t expecting the divorce papers, or if their emotions take hold and they refuse to communicate with you at all. If they become angry and lash out, you may have no option other than to take your case to court.
Your Spouse Cannot Be Found: Your spouse may attempt to avoid facing the prospect of a divorce simply by disappearing, leaving you without any option other than to take your case to court. If this is the case, you will need to prove that you were unable to locate your spouse, despite your best efforts. Depending on how long they are unreachable, they may not need to make an appearance for your divorce to become finalized.
If you end up in a situation where taking your divorce case to court is the best available option, you need to hire qualified legal representation to ensure that you can secure the best possible outcome. The divorce attorneys at Givens Givens Sparks understand just how difficult this time can be for our clients, and are dedicated to fighting for you like you were a member of our own family. Contact us today for a case consultation, or call us at (813) 336-3348 to set up a meeting with one of our divorce lawyers.