When is Divorce Litigation The Best Option for Divorce?

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsSince divorce rates are on the rise in the United States, there are no standard procedures for every type of divorce. There is no one stop shop when it comes to divorce procedures. There are various types of divorce settlements. There are collaborative divorces, do it yourself divorces, but the main types of divorce procedures are mediation and litigation. Since divorces have been on the rise, not many people are aware of the various types of divorce structures. The most common and suggested type of divorce has been litigation in the recent past.

The misconception

Even though litigation is arduous and time consuming, it could be useful in some scenarios. This is how and when a divorce litigation could be your best option. The biggest misunderstanding that people have is that all divorce litigation ends up in court with all affairs made public. However, there are many ways and means through which it could be more cordial. In the process of litigation itself, there always is an option of mediation which is a settlement option outside of court which is rarely explored due to the unilateral need for divorce. It is only when the need for a divorce is not mutual that the litigation is the last resort.

Ideally, if any divorce is mutual, over 90 percent of the cases always end up in settlements instead of litigation. As this phenomenon is growing, out of court settlements are more common and convenient. A collaborative or mediated divorce is always a desired procedure when there is no form or sort of violence or domestic threat involved. However, if there is a danger to one of the party’s life or the children’s life, an expedited divorce litigation would be the best manner to go about any of the problems.

The best time for litigation

In the case of domestic violence, child abuse or drug abuse, the marriage can become a very tough and trying endeavor. In this case it is always best to file for divorce petition and try to get into protective custody as soon as possible to avoid harm to you and your loved ones. In this case a divorce litigation is also handy because it allows you to get absolute jurisdiction of the child or children from an abusive parent. Even though litigation is a contentious process since it isn’t mutual you have to ensure to get yourself an expert negotiator as an attorney who would ensure your physical and financial safety.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”