When to Start Preparing for Divorce Litigation

 Posted on November 25,2024 in Complex Divorce

A majority of divorces are resolved mostly or entirely out of court by agreement of the parties. However, divorce mediation is not for everyone. You can only resolve your divorce out of court if your spouse is willing to negotiate in good faith and give you a fair deal. If you strongly suspect that your spouse will not treat you fairly unless a judge forces him or her to, it is probably wise to start preparing for divorce litigation. While going through litigation might be challenging, it may be the only way to receive a final divorce decree that is just and reasonably protects your interests. If you anticipate going to trial in your divorce case, you need an experienced and aggressive Dane County, WI divorce litigation attorney.

Signs That You Need to Plan for Contested Divorce 

In some complex cases, it is clear from the beginning that a divorce can only be resolved by going to trial. In others, one spouse will begin by agreeing to mediation only to become increasingly hostile until it is clear that no progress will be made until the court steps in. You may need to start preparing for litigation if: 

• Your spouse is in denial about the divorce - For whatever reason, your spouse has refused to accept that your marriage is really and truly over. He is using mediation time to try to convince you to stay married or is telling others that you are "only fighting" and will reconcile. No matter what you do or say, he is not taking the divorce seriously. 
• No progress is being made - You have been attempting mediation or trying to negotiate with your spouse for a while, but there has been no meaningful progress towards a divorce agreement. It seems like your spouse is stalling, going in circles, or cannot make up her mind about what she is or is not willing to compromise on. 
• There is outright hostility - The majority of spouses who are getting divorced are not on excellent terms. However, if your spouse is so uncivil toward you that you do not feel safe being around him at all, it is unlikely that you will be able to work together to create a divorce agreement. 
• Your spouse is a narcissist - If your spouse is a narcissist, she may lack the capacity to compromise or admit that you are entitled to anything. Bringing in a mediator is not likely to change this. 

Contact a Dane County, WI Contested Divorce Lawyer

John T. Fields & Associates, LLC will aggressively represent you in your divorce. Experienced Madison, WI divorce litigation attorney John T. Fields will fight for you to receive everything you are entitled to in your divorce. Contact us at 608-729-3590 for a confidential consultation.