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When are the best times to take your divorce to court?

On Behalf of | Nov 13, 2018 | Firm News |

Divorce is never a pleasant process to go through. Some couples want to resolve this as quickly and peacefully as possible. For many, that means taking your proceedings to mediation. This conflict-resolution process allows both spouses to determine their asset division in an informal setting with a neutral mediator to make the separation as fair as possible while still maintaining a respectable relationship.

While it is understandable why many would not want to take their divorce proceedings to the courtroom, sometimes it is necessary. If you make the mistake of going to mediation first when you have circumstances that prevent you from solving your issues peacefully there, then you just wasted valuable time and money. You need to be aware of the most common reasons many couples prefer to settle their divorce in court as you and your spouse figure out how you want to settle your separation.

High assets

Many couples that have expensive marital assets prior to their divorce do not go to mediation as much as middle-class couples. It can be difficult for a mediator to divide such a large amount of property fairly without feeling unfair to one spouse or drastically changing one’s lifestyle. Additionally, many high asset divorces often feature spouses that hide their assets from their partner. This can be easier to do in mediation because all financial information will be voluntarily disclosed. There might just be too much at stake for this to properly work outside the courtroom.

A failing relationship

You may have loved your partner enough to marry them, but that is not the case anymore. The decision to work toward a collaborative divorce or mediation hinges primarily on what your feelings towards each other are right now and what they will be after the separation. If you cannot stand to be in the same room as your spouse, then you will only be wasting important resources if you choose one of those two options. Additionally, Texas allows for fault divorces caused by adultery, felonies or domestic cruelty. The courtroom allows you more opportunities to use these grounds to your advantage.

When you need help

While collaborative divorce and mediation allow for both partners to speak up about what they want out of the separation, that does not mean it can occasionally be lop-sided. If your partner speaks up more and lays out a definitive plan on how they want it to go, then the mediator might lean more towards their demands. You may be afraid to voice your opinions because you do not want the session to turn into an intense argument, but you have to remind them that it is both of your lives that are changing from this process.

A family law attorney can help you prepare your case to the court and clearly convey what you require out of the settlement. Depending on how much marital assets you have and how much you risk losing from the divorce, legal assistance may be necessary to help you properly focus on the case without being overwhelmed.