Some parties benefit from having their dispute in the court system. Examples of when litigation may be beneficial or necessary:
- One party is in denial that the relationship is over or that there is a dispute that cannot be resolved outside of court
- One party is trying to drag out the process. Reasons for this can be to lower income, hide assets, incur marital debt, increase parenting role and time, or to prevent the other party from moving forward.
- One party will not voluntarily provide necessary information and documents regarding assets, income and other relevant information.
- There is a significant imbalance of power between the parties.
Elements of Litigation:
- A case is filed in the court system
- The formal rules, court dates and hearings provide structure to move the case to a final resolution
- Attorneys advocate for their individual client’s interests
- The judge issues rulings to resolve the disputes
- Court orders spell out the temporary and final terms of the case
In cases of domestic violence or threats of domestic violence, court may be necessary to ensure safety.
Some people require court involvement to resolve their divorce and parenting disputes.