Should You Take Your High-Asset Divorce to Litigation?

 Posted on April 04, 2018 in Property Division

Even in the best of circumstances, divorce can be a massive undertaking. What happens, though, when you feel like you are dealing with the worst of circumstances? How do you handle a spouse that refuses to compromise during negotiations? What recourse do you have if you suspect asset hiding or depreciation during your divorce?

Some parties choose to take such complex matters to litigation, but it is not the best option for everyone. Learn how to determine if litigation may be the most appropriate course for your Illinois divorce, and discover how the assistance of a seasoned and competent attorney can help to improve the outcome of your case, regardless of the path you chose.

Negotiation versus Litigation

Although there are many ways to approach divorce, cases are typically settled in one of two ways: through negotiation or litigation. Negotiated divorces are those in which parties compromise and agree upon specific terms (mediation, alternative dispute resolution, etc.). Litigation is when a case is heard by the court and a judge determines the outcome.

Weighing the Pros and Cons of Litigation

On the one hand, negotiation gives the divorcing parties more power over the outcome. Negotiated divorces also typically cost less than litigated divorces. Unfortunately, negotiations are not appropriate for every case - and they can be particularly problematic in high-asset divorces. Asset hiding and depreciation are common in such cases, as is financial abuse. These situations, among others, are typically best handled by the courts.

Choosing the Right Path for Your Illinois Divorce

While, in some cases, the situation will dictate whether a litigated divorce may be more appropriate than a negotiated one (i.e. domestic abuse, financial abuse, depreciating assets, etc.), not all cases are that straightforward. Instead, parties may simply feel they are not getting what they are entitled to during the negotiation process. Some parties want to drag out the negotiation process for as long as possible, hoping they can prevent it altogether. Then there are cases in which parties who have spent so long fighting, they may not feel as though they can negotiate the division of their pots and pans, let alone their children.

Choosing your path in these situations can be a little more complex. The stakes may not be as high, but the issues at hand are still valid. Ask a skilled and competent attorney how the path you choose could impact the outcome of your case, and ensure you have a representative that is on your side, preserving your best interests, every step of the way.

Contact Our Wheaton Divorce Lawyers

At Davi Law Group, LLC, we work hard to preserve the best interests of our clients. Skilled at providing both sound legal counsel in negotiations and aggressive representation in litigation to preserve the financial future of our clients, our seasoned Wheaton divorce lawyers can examine your situation and explain your options. Schedule your personalized consultation to get started. Call 630-657-5052 today.

Source:

https://www.theguardian.com/lifeandstyle/2018/feb/02/rich-couples-divorce-battle-a-waste-of-time-says-uk-judge