December 11, 2023

Divorce is usually messy and can be tasking both mentally and physically for all the parties involved. For some people, it’s easy to settle things out of court if the divorce is mutual. However, most people need a third party to help them come to a civil agreement and finalize their divorce. 

One of the options for resolving divorce and getting the papers signed is through divorce litigation. In this piece, you’ll learn the meaning of divorce litigation, when you need the process and how a divorce lawyer can help you through the process. 

What Is Divorce Litigation?

Divorce litigation is using the services of a family court to file for and finalize a divorce. The spouses will present their issues before the court and seek the court’s expert conflict resolution tactics to help them settle their differences. Spouses usually take this alternative if other out-of-court alternatives fail. 

However, while the best way to handle a divorce is to take the less tasking alternative, divorce litigation can be rough on a family. Spouses are encouraged to seek other alternatives before settling for divorce litigation in a family court.

Some of the other possible alternatives are collaborative divorce or hiring a mediator to help you with the process. Both of these processes cost less than family court divorce proceedings and have a less emotional impact on the family. 

Divorce mediation involves hiring a qualified mediator to help the divorcing spouses come to a mutual agreement on how they should divide their assets and how to move on after the divorce. Collaborative divorce, on the other hand, is much easier because both parties already know what they need to do to make the process easy. In this case, there’s no need to hire a third party. 

When Do You Need Divorce Litigation?

Simply put, you’ll need divorce litigation if you and your spouse can’t agree on how to divide your assets and sign the divorce papers. Some of the issues that may warrant divorce litigation include:

  • One party refuses to sign the divorce papers
  • Unfair division of assets during a divorce
  • Issues with child custody, co-parenting, and visiting rights after divorce
  • One party becomes emotionally overbearing on the other

In all these issues, you’ll need a judge to hear your case, understand each party involved and come up with a fair judgment for your case. In such instances, you’ll need a divorce lawyer to help you go through the process. 

How Does a Divorce Lawyer Help in Litigation?

Divorce lawyers have expert knowledge of the litigation process and are better placed to discuss the legal details of your case. A divorce lawyer will make the divorce litigation process easier for you by arguing in your defense and protecting your interests. They’ll also help with issues of division of assets, co-parenting, and any other issues that have been stalling your divorce. 

If you have to go through divorce litigation to finally get the divorce papers signed, it’s wise to hire a divorce lawyer to help you with the process. The lawyer will advise you throughout the proceedings and guide you on what you need to do to win the case.