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Attorneys Vic Hill and Brad MacDonald

How can litigating your divorce case help you?

You and your spouse have plenty of assets between you, and you know that you have a lot you could lose. You want to make the most of the divorce by having a fair split of your assets. You want to be in a better position leaving than you were entering your relationship, which is fair considering the amount of money and time you’ve put into building up your assets and a stable life together.

Unfortunately, your spouse has not wanted to cooperate. They refused any kind of alternative dispute resolution and won’t negotiate with you directly.

In this case, litigation may be the key to moving on.

How can divorce litigation help in a complex divorce case?

Divorce litigation can help you when nothing else is working. If your spouse refuses to negotiate or there are a few sticking points you just can’t get past, then divorce litigation may help.

With litigation, you’re going to trial. Sometimes, the threat of litigation is enough to make your spouse reconsider not wanting to negotiate. Why? At trial, the judge’s decisions are final (though some decisions may be appealed).

You won’t have as much control over the outcome of your divorce, and that’s not something most people want. On top of that, if you can show that your spouse didn’t want to negotiate with you, the judge may not look at them favorably. They may think that your spouse is being intentionally disruptive or stubborn, which doesn’t make them look good in the eyes of the court.

Litigation is also an excellent choice if you have strong evidence to back up claims you’d like to make against your spouse. For example, if you want to argue that a prenuptial agreement isn’t legal and have evidence that you were forced to sign or manipulated into signing, then the court could be a good place to have that issue resolved.

If you do decide to litigate, your attorney will help you build up your case. They’ll prepare you to speak in court and make good arguments on your behalf, so you get the best possible results based on your case’s merit.