What some people may not realize is that not everyone has to have a contest in court for their divorce. In fact, in Texas, judges will generally require that a divorcing couple attempt mediation before they can have a contested hearing on their case. Many couples are capable of negotiating the terms of their separation, reaching an agreement with or without attorneys. This approach provides individuals more control over the outcomes of their case.
However, not all couples can or should navigate the negotiation process. Sometimes it is best for a client to take their case to court.
What Exactly Is Litigation?
First, it is important to have an understanding of litigation. The definition of litigation includes going to court in order to enforce your rights and a discovery process. Discovery is when lawyers gather the facts and documents and is an intensive procedure. In the case of a divorce, a judge will ultimately rule on any disputes that a couple has. Sometimes a couple will only need certain aspects of their divorce litigated, while others will need court assistance with every issue. While people often have a negative view of litigation, it is absolutely necessary for some clients.
When Is Litigation Necessary?
Negotiating a divorce is a difficult task that not all couples want to handle. There are several different situations that may lead them to opt for litigation:
Someone Refuses to Cooperate
Seeking a resolution for conflicts is tough work. Despite the best intentions, it is not uncommon for one party to refuse cooperation, bringing progress on the divorce case to a halt. In these situations, taking the case to court may be the only way to reach a resolution.
Unreasonable Requests Are Made
Perhaps both parties maintain an attitude of appearing to cooperate, but one side continually makes unreasonable requests and refuses to negotiate in good faith to reach a reasonable settlement. There is no absolute requirement for someone to agree. They may be trying to stop the divorce from happening or extort the other side. This circumstance may lead a client and lawyer to rely on the family court system for assistance.
The Couple Can’t See Eye to Eye
While one party may refuse to cooperate or make unreasonable requests, it is also possible for both spouses to just not see eye to eye for fundamentally valid reasons. If you have different strongly held beliefs or ideas from your spouse and can’t compromise, you will have to rely on attorneys and courts to determine what is best. If your goal is resolution, court might be the only path forward.
Present History of Abuse
Unfortunately, abuse is still a cause for clients to file for a divorce. When dealing with an abusive spouse, it can be extremely dangerous to attempt negotiation. This can put the abused spouse at risk or in a compromising situation. Instead, it is much safer to find an attorney who understands that dynamic and will assist them through litigation and take their case to court.
Finding Attorneys That Understand
When going through a divorce case, it is crucial to find a knowledgeable and understanding team to support you through the process. While most cases are able to be solved outside of court, that is not doable for all couples going through a divorce. At Myres & Associates we will review the details of your case and help you determine what the best course of action is, whether that is collaborating on results or litigating the case in court.
To speak with one of our attorneys, call (713) 322-9810 to schedule a consultation today!