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Top 5 Reasons DuPage Spouses Resort to Divorce Litigation

 Posted on March 10, 2022 in Divorce

Naperville Family Law AttorneyWhen mediation works, it can be a great solution during a divorce. It costs less than litigation, and it often gets you a final divorce decree much faster so you can move on with your life. However, mediation requires a certain amount of cooperation from both parties. That means that mediation is not going to work for every divorcing couple. Some spouses refuse to participate in good faith or to make reasonable concessions. Attorney-facilitated negotiation can fail for the same reasons. If you suspect that your spouse will not work with you during the divorce process, it is particularly important that you find an attorney with strong courtroom skills, as the odds that your divorce will be contested are high. 

Signs That Your Divorce May End in Litigation

Any one of these factors alone can potentially result in a contested divorce. If you identify with multiple factors, it may be a good idea to start mentally preparing yourself for divorce litigation. 

Warning signs that you may need to settle your divorce in the courtroom include: 

  • Abuse - Abusers are not known for their ability to compromise and collaborate. If your spouse was physically, mentally, emotionally, or financially abusive, they probably are not going to abruptly change and become willing to give you a fair deal. In some cases, mediation may not even be a safe option. 

  • Denial - If your spouse is digging their heels in and refusing to get divorced, do not expect much cooperation. Some spouses who do not want the marriage to end will remain in denial about the fact that the divorce is happening at all. Getting them to show up for mediation or even to negotiate could prove impossible. You might need to go to court just to accomplish your divorce. 

  • High-Asset - If you are in a high-value marriage, litigation may be worth it, especially if there is a dispute over who owns what property. If a business needs to be divided, or you have very complex assets, it may be better to have a neutral judge sort it out. 

  • Unfit Parent - Your spouse is not likely to agree to a divorce settlement that gives them no unsupervised parenting time, no matter what. If you know that spending unsupervised time with your spouse would be harmful to your children, you may need to go through the litigation process. Your attorney, and possibly a guardian ad litem, can then prove to a judge that a joint custody arrangement would not be safe for your children. 

  • No Compromise - Your spouse just will not budge on anything. 

If you are experiencing any of these problems, your best bet may be to go ahead and initiate the contested divorce process. Your attorney can help you decide whether this is the right choice. 

Call a Naperville Divorce Attorney

Calabrese Associates, P.C. is experienced at representing individuals going through a difficult divorce in the courtroom. Our skilled Naperville divorce lawyers will fight for you to achieve the best possible outcome to your divorce, whether we mediate, negotiate, or litigate. Call 630-393-3111 for a free consultation. 



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