When Should A Divorce Be Litigated?

When you are getting a divorce in Maryland, you have a few options to complete the process. Mediation, arbitration, and litigation are all ways you can dissolve your marriage. Knowing which one is right for you can be challenging. Litigation is perhaps the most costly and time consuming, but in some cases, it is the most appropriate. Here’s what you need to know. 

1. Litigate When: You and Your Spouse Cannot Communicate Together

If, for whatever reason, you and your spouse have trouble communicating together, mediation may be very difficult, if not impossible. With litigation, you don’t have to communicate with your spouse at all and you can allow your attorneys to communicate with each other about the various aspects of your divorce.

2. Litigate When: You and Your Spouse Disagree on Matters of the Divorce

If you and your spouse disagree on custody arrangements or how to divide property, you may want to litigate your divorce, especially if you do not have a desire to reach a compromise. Perhaps domestic violence has been an issue and you believe having sole custody of your children is in their best interest, or perhaps you cannot reach an agreement on educational or medical matters regarding your children. When spouses cannot compromise on one or more matters in a divorce, litigation may be the best solution.

3. Litigate When: You Stand to Gain More From Equitable Distribution

If you and your spouse do not agree on how to divide the property, if no prenuptial agreement is in place, or if you contest the prenuptial agreement, litigation may be the next best step. During litigation, a judge will review your situation in detail, and both spouses must be completely transparent about finances. The judge will then do his or her best to equally divide marital property and assets between you and your spouse. In some cases, a spouse stands to gain more from litigation when it comes to property division than if the divorce is mediated or arbitrated.

At the Family Legal Advocacy Group, LLC, we take each individual situation into account to determine how to achieve the best possible results for our clients. Whether that is arbitration, mediation, or litigation, we are prepared to go the extra mile to provide you with the comprehensive legal representation you need. Call today at (410) 884-0400 for a consultation to discuss your case in detail with a divorce attorney.

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