Top 4 Reasons for Divorce Litigation in Kane County

 Posted on December 02,2021 in Divorce / Family Law

Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable.

Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict.

Why You Might Go Through Divorce Litigation

It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include: 

• Dishonesty - If you suspect that your spouse is hiding assets, lying about his income, or otherwise intentionally misrepresenting his position to gain an unfair advantage, mediation and other amicable solutions are unlikely to work. 
• Abuse - Negotiating with an abusive spouse may be impossible or dangerous. Abusive spouses rarely admit to the abuse, so you may need to offer evidence to the court. If protecting children from an abuser is a concern, you will probably need the court to step in. Additionally, abusers are not known for their ability to compromise. 
• Mental illness - If your spouse is mentally ill or has a substance abuse problem, working with her to reach a settlement may be extremely difficult. In this situation, there may also be existing concerns about that spouse stealing or dissipating marital funds that will need to be addressed in court. 
• Spite - It is unfortunate, but a not-insignificant number of people end up going to divorce litigation out of resentment towards their soon-to-be ex-spouse. Couples may refuse to negotiate in good faith and work towards a fair resolution simply because they are angry at each other. Fortunately, even spouses who cannot stand to be in the same room can still resolve their divorces without litigation with the assistance of skilled attorneys. 

Settling a divorce without litigation is often ideal, but sometimes impossible. If efforts to resolve a divorce cooperatively fail, it is important that you work with a skilled attorney who will protect your interests in court when you are up against an unreasonable spouse.

Call an Illinois Divorce Litigation Attorney

If you are worried about going to divorce litigation, Loire Krajniak Law, LLC can be there to advocate for you. Our Geneva divorce litigation lawyers are experienced in dealing with uncooperative and unreasonable spouses during contentious divorce proceedings. Call 630-448-2406 for a free consultation.

Source:

https://www.familyeducation.com/life/divorce-mediation/when-avoid-mediation