How to Know When Divorce Litigation and Negotiations are Unavoidable
As much as we would like to believe that we will spend the rest of our lives with the love of our life, sometimes things do not happen as we envisioned. If you and your partner do decide to get a divorce, negotiations around what would be best for both parties is the best way to avoid the case ending up in court.
Although litigation is one of the most common options for getting a divorce, there are countless divorces that get settled out of court, and with good reason. However, in some cases, taking your divorce to court remains the most viable option if you have exhausted all the other options in an attempt to conduct negotiations out of court. Here are some reasons why litigation would be the best option:
Refusing to Divorce
The majority of divorces start with one of the partners wanting to end the marriage, while the other partner might not necessarily want the same thing. If there is no mutual agreement to end the marriage, chances are divorce litigation is on the cards.
Contested Matters are Unresolved
Some of the most common problems when it comes to negations during divorces is deciding who gets custody of the children, or unresolved issues regarding finances. If these cannot be resolved outside of court, then one of the only other options is to take the divorce to court.
If there is domestic violence in the partnership, one spouse feels intimidated by their partner or fears that they could hurt them when they are both in the same room. This makes it physically impossible for parties to be present in the same room, which in turn can make it impossible to talk about negations around their divorce.
There are many forms of power imbalances in marriages. For example, one of the spouses might be the only one that is employed and handles the finances, giving them compete control. They are also more knowledgeable when it comes to the finances of the household, leaving their significant other at a complete disadvantage, and unable to give input during negotiations around their fair share.
Due to the sensitive nature of child abuse, and a parent who is alienated from their child, litigation could be your best option to protect the victim and ensure successful prosecution of the perpetrator. All cases that involve children are seen as sensitive, because they cannot fend for themselves.
The abuse of substances, such as alcohol, illegal drugs, or even prescription medication can make that person unfit to handle negotiations during a divorce on their own. Litigation might be the only way to reach a fair solution where both parties are represented by legal teams.
Even though the number of divorces are on the rise, no divorce is the same. Riëtte Oosthuizen Attorneys has almost 20-years of experience in representing divorce cases through litigation and negotiations. We pride ourselves in always keeping our clients’ best interests at heart, and giving them professional legal representation whether they choose to settle out of court or through litigation.
Contact us to find out more about our specialised legal services, and if you need legal representation during divorce.