Examining the Pros and Cons of a Litigated Divorce

 Posted on October 08, 2018 in Divorce

While most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling. How do you determine if this path is right for your Illinois divorce case? The following information on the pros and cons of a litigated divorce can help you decide.

Potential Disadvantages of a Litigated Divorce

Since the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that:

• Litigated divorces are usually more costly. Not only do you have to cover the court costs, but your legal fees will probably increase as well. The more contentious the proceedings become, the more your divorce is likely to cost. If money is a factor in your case (either because you have a high net worth and at are a risk for extreme financial loss or are simply concerned about your financial future), you may want to consider a collaborative divorce over litigation;
• Litigation is an inherently adverse path to divorce. It puts you and your spouse at opposing sides, so arguments and contention are far more likely to occur, and as mentioned previously, this is likely to cost you more money;
• There is always the risk that you will not agree with the ruling. While judges try to be fair and follow the law, they do not have the time or ability to fully understand your situation; and
• Litigated divorces are less customized, which can be especially problematic if there are children or pets involved. In contrast, collaborative divorce can offer parents and pet owners more options when it comes to custody and visitation.

Potential Advantages of a Litigated Divorce

Although there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as:

• Not having to compromise or communicate with your ex during the divorce process, which can be highly beneficial for parties in a highly contentious divorce, as well as those in a marriage where financial or domestic abuse was an issue;
• Judges rule according to the law, which can sometimes work to your benefit. For example, if you have a spouse that is refusing to compromise and making unreasonable demands, a litigated divorce can help to ensure you are not left disadvantaged or with an unfair ruling (the same can be said for the best interests of children);
• Children may receive more protection in a litigated divorce. In situations involving child abuse or neglect, this added protection could be critical for the child's future well-being;
• Judges have subpoena power, and that can be used to your benefit if financial data is being withheld from you.

Contact Our DuPage County Divorce Lawyers

While you may already know which divorce path you want to pursue, it is critical that you not make a final decision until after consulting with a seasoned legal professional. Davi Law Group, LLC is one of the most trusted firms in DuPage County. No matter which divorce method you choose, our seasoned Wheaton divorce lawyers will aggressively protect your interests and the interest of any minor children. Call 630-657-5052 to schedule your consultation today.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3223936/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000