When to Litigate Your Divorce Without Trying Mediation

 Posted on February 11, 2025 in Divorce

Mediation is recommended to most spouses who are getting divorced, but uncontested divorce is not for everyone. Even courts frequently encourage divorcing spouses to try for an uncontested divorce. In some divorces, there is such animosity between the parties that reaching an agreement is unlikely. In others, trying to use mediation or even attorney-led negotiation might put one party at risk of being manipulated or even harmed by an abusive or narcissistic spouse. In some high-net-worth divorces, there is simply so much at stake that divorce litigation is likely to be well worth it for the prevailing party. Your Madison, WI divorce attorney may recommend proceeding straight to litigation if circumstances like these are present in your case.

Mediation and Narcissistic Spouses

Narcissists are notorious manipulators. A narcissist may see divorce mediation as an opportunity to convince you to stay. Some narcissists will use a love-bombing technique by making overly gracious offers, only to change their minds when their partners try to accept and move forward with the divorce. Others will simply keep stalling indefinitely just to maintain control over their spouses for as long as possible. If you have identified your spouse as a narcissist, it may be best to litigate your divorce without attempting out-of-court resolution talks.

Litigation and High-Net-Worth Divorce 

Divorce litigation is often avoided due to the cost. For many married couples, the cost of divorce litigation would likely outweigh any potential benefit either party may gain from it. If yours is a high-asset marriage, there may be a lot at stake. Even if you are willing to compromise, your spouse may not be. You may get a fairer outcome by litigating your divorce, especially if you are seeking spousal support or if you know that dividing your property is likely to be a complex and contentious process.

Very High-Conflict Divorce 

Some divorces are quite amicable. In others, there is such a high degree of conflict between spouses that an agreement is unlikely to be reached. Issues such as infidelity, new or escalating religious or political differences, mutual restraining orders, and abuse allegations are often present in this type of case. If you know that your spouse is not going to agree to any divorce settlement that leaves you in a reasonably secure financial position or gives you enough time with your children, attempting mediation may only make things worse.

Contact a Madison, WI High-Conflict Divorce Attorney

John T. Fields & Associates, LLC can review your case and help decide whether to attempt mediation or go directly to litigation. Experienced Rock County, WI divorce litigation attorney John T. Fields will fight for you to receive a favorable divorce resolution. Contact us at 608-729-3590 for a complimentary consultation.