When Going to Divorce Court is Your Best Option

When should you choose divorce court over mediation? This guide explains the times when going to court is truly your best option, and what kind of legal help you need in court.

Sometimes, couples working out problems together does not work. Mediation may not be possible. It may just be time to go to court.

You do have options other than divorce court, but in many situations this is simply impossible. You will never come to an agreement, perhaps because of great emotional anger and greed. In these cases, going to court may be your best option.

This guide explains the times when going to court is truly your best option, and how to get legal help to be treated fairly in court.

Abusive Spouse

If you are constantly bullied by your spouse, you may not win in a mediation. It can be a trying experience. This happens often enough to be noted. One spouse dominated the relationship, and they’ll try to dominate the divorce. In order to fight for your rights, you do more than be strong: you also hire a good lawyer who won’t back down.

The Wrong Kind of Lawyer

Speaking of lawyers, sometimes your spouse gets what’s called a “bomber” lawyer. This is noted on the legal site NOLO, where it’s described as a lawyer who has convinced your spouse either you’re trying to cheat him or her or trying to get back at you for the problems you’ve had. You may not be able to mediate because the lawyer has convinced your spouse that they deserve more. You then hire the proper lawyer and take this to court.

Your Spouse is Lying

While this may seem rare, often enough spouses try to hide money, assets, and sometimes even property, if not from you then from the courts. There may be open accounts not pointed out. If your spouse is not willing to be honest, legal counsel can protect your rights.

Your Spouse Has Left

Sometimes your spouse is simply gone. There is no chance for mediation or speaking because they left the city or state. Here you need to go to court too. You can terminate the marriage. All states allow this in some form.

Your Spouse Won’t Communicate

Finally, sometimes your spouse is either so angry they refuse to negotiate. You may have no chance of reaching an agreement because your spouse simply won’t budge. This does not mean he or she is a bully, just that he or she refuses to participate. You then need court.

Who can help?

A divorce lawyer is almost required for a divorce. Sometimes, however, you can in fact resolve things in mediation or meetings yourself. Unfortunately, this is not too common. If you want to win, you need proper representation. That means hiring a divorce lawyer with experience in and out of court, who offers a fair price, and who you can communicate well with.