When Is Litigation Necessary in an Illinois Divorce?

 Posted on September 20, 2019 in Divorce

Divorce is stressful -- there is no doubt about that. There are so many things that you and your soon-to-be-ex have to decide on. How will your assets be split? Are you going to keep the house? If you do keep the house, who will live there? How will you share your parenting time? Will one of you receive spousal support? The list is extensive, and chances are, you and your ex will not see eye-to-eye on all of these issues. Many attorneys and the court system are of the opinion that spouses working together to reach a divorce settlement without court involvement is the more favorable option, but sometimes that just is not possible. If you are planning on getting a divorce, here are a few situations in which you may need to opt for litigation, rather than negotiation or mediation:

You Were in a Violent or Abusive Marriage

If you were in a marriage that ended because of violence or abuse, you should probably skip negotiation and head straight for litigation. In many cases, marriages that involved either of those two things also involved an imbalance of power between spouses. If you feel like you are unable to advocate for your wants or needs, you will never get what you need out of your divorce if you try to negotiate with an abusive spouse.

You and Your Spouse Have Trouble Cooperating

It is highly unlikely that you and your spouse will agree on everything in your divorce. While disagreements are to be expected, the intensity of those disagreements is what you should be concerned with. If your spouse is being so uncooperative that you are unable to come to a settlement, you may need to opt for litigation instead.

Your Spouse Is Being Unreasonable

Similarly, if your spouse is being completely unreasonable in your divorce meetings, you may need to take the litigated route. For example, if you were a stay-at-home parent, and your spouse refuses to pay spousal maintenance that would allow you to continue providing care for your children while you take steps to re-enter the workforce, that is unreasonable. Many Illinois judges would award spousal support to a spouse who has been unemployed for an extended period of time, especially if they dedicated that time to domestic duties such as running a household.

Get in Touch With a DuPage County Divorce Attorney Who Has Experience With Both Litigation and Negotiation

Choosing the right lawyer can be the key to achieving your goals in your divorce. Whether you are adamant about negotiating a reasonable settlement in your divorce, or you believe that litigation is the only path available, the skilled attorneys at Wakenight & Associates, P.C. can help. Our Elmhurst, IL divorce lawyers have over 95 years of combined family law experience, and we have helped many couples complete their divorce using both litigation and negotiation. If you are unsure of which route is best for you, call our office today at 630-852-9700 to arrange a free consultation.

Sources:

https://lifehacker.com/8-signs-you-should-skip-mediation-and-head-straight-for-1796452292

https://www.forbes.com/sites/jefflanders/2014/05/22/divorcing-women-is-it-best-to-litigate-or-settle/#a9cd1c44618c