Legal Professionals of Hirsch & Ehlenberger

Should you litigate if your spouse refuses to cooperate?

On Behalf of | Nov 20, 2023 | Divorce

Divorce litigation is often necessary when spouses cannot settle on the terms and conditions of their divorce. Although mediation would be a more practical alternative, you may benefit from a trial if your spouse is being unreasonable and refuses to cooperate.

Litigation can be expensive and time-consuming, and the court will decide on the contested matters for you. Therefore, you may want try to convince your spouse to cooperate before pursuing that specific legal process.

Understanding what it means to litigate your divorce

Litigation is when you go to court to ask a judge to grant what you believe you legally deserve. If you choose to litigate, you will need to submit paperwork and supplementary documents to a family court, where a judge will determine solutions for each point of contestation. The case may even go to trial. The courtroom can be highly adversarial, and both parties must present their arguments and supporting evidence.

Think of it as an actual courtroom battle, where you must prove why you have a right to any of the following:

  • Marital property
  • Custody
  • Alimony
  • Child support

You will be arguing your case against your spouse, who will also fight to enforce their rights. The aim of the trial could be either to resolve specific disputes or to produce a settlement agreement. Going to trial can be vital if you feel like your spouse is intentionally mistreating you or dissipating assets during your divorce.

Why mediation can still be the more practical alternative

Divorce is not about winning an argument but resolving outstanding issues. It is about negotiating a fair and equitable solution for all parties involved. Mediation allows you and your spouse to communicate your disputes in a neutral and less combative setting. You can present your arguments and find a solution together while preserving your privacy and maintaining control over the terms and conditions of your settlement agreement.


FindLaw Network