 Going to court rather than using mediation or collaborative divorce necessary in certain situations. These circumstances typically involve more contentious dynamics between the two people that are difficult to resolve through cooperative means. Court is often more expensive but sometimes it is the best option or even necessary. Some key scenarios where court litigation might be preferable include:
1. Hostile Relationships: If the relationship between spouses is particularly hostile or strained to the extent that they cannot agree on anything, court litigation might be the better route. In such cases, attempts at mediation or collaborative efforts might prove futile due to the inability of the parties to cooperate or reach any consensus. 2. Violence or Safety Concerns: In cases involving intimate partner violence or safety concerns, court litigation is often necessary. This approach provides a more formal and structured environment, which can be crucial for the safety and well-being of the victim. Litigation allows survivors to get divorced without having to directly negotiate with their abuser. 3. Bad Faith Behavior: Litigation may be the best option when dealing with a partner that is being dishonest, sneaky or acting in bad faith. In that case, it may be better to go to court for a formal and authoritative resolution. This includes situations like unexplained dissipation of assets, where one party suspects that the other is concealing or misusing marital assets. A court setting provides a more rigorous framework for handling such complexities and ensures mandatory disclosure of financial information and the ability to cross-examine the other person on the stand under oath in front of the judge. 4. Intractable Parental Issues: If there are severe parental issues, such as intractable kinds of parental alienation or significant interference with parenting time, litigation might be necessary. These situations often require a more formal intervention to resolve and protect the best interests of the children involved. 5. One Party Refusing Divorce: In rare cases where one spouse does not want to get a divorce while the other does, mediation and collaborative divorce probably won't be effective. The unwilling party is unlikely to change their stance, making collaborative efforts unproductive. In such instances, proceeding to court can expedite the divorce process and bring about a resolution despite the lack of consent from one party. 6. Unreasonable Behavior by One Spouse: If one spouse is acting unreasonably and refuses to budge on important issues, litigation might be necessary. This approach ensures that a neutral judge assesses the situation and makes decisions based on the merits of the case, potentially overcoming the deadlock caused by one party's intransigence. In summary, while mediation and collaborative divorce are often preferred for their less adversarial nature and potential to preserve a more amicable post-divorce relationship, court litigation becomes a more suitable option in situations involving high conflict, safety concerns, complex legal and financial issues, severe parental disputes, uncooperative behavior, or when one party refuses to divorce. These scenarios require the structure, formality, and authoritative decision-making that a court setting provides. |
