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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

When Should You Take Your Case To Court? 07-15-2016

When Should You Take Your Case To Court?

While avoiding court when pursuing your divorce may be the preferred option, it’s not always the best route to take. Divorces can quickly become messy affairs that mediation may not be able to handle; when that happens, you may need to take your case in front of a judge in order to fight for the outcome you need. There are a variety of reasons that may push you towards that decision, and we’ve compiled a list of some of the top reasons here:

Your Spouse Has a History of Abuse: Attempting to divorce through an alternative process may not be possible if your spouse has consistently, or even recently intimidated or abused you into acquiescing to their demands. While a skilled mediator may be able to facilitate a better negotiation, a judge is in a much stronger position to stop your spouse from manipulating you into agreeing to an unfavorable divorce settlement.

Your Spouse Refuses to Cooperate: Filing for a divorce often causes emotions to surface and tensions to run high. Sometimes, these emotions can cause your spouse to pull back and refuse to communicate, especially if the divorce took them by surprise. Other times, they may become angry and lash out at you, and refuse to enter negotiations outside of a trial. In these cases, you may not have any option other than to prepare for a court battle.

Your Spouse Has Disappeared: In some cases, your spouse may leave town before your divorce can become finalized. In situations like this, you need to prove to the court that, despite your best efforts, you were not able to locate your spouse. If your spouse remains unreachable or missing for an extended period of time, the judge may be able to terminate your marriage without their appearance in court.

Bad Faith: There are a variety of dishonest tactics your spouse may attempt in order to either negatively impact your future or improve their own. Your spouse may attempt to disguise or completely hide significant assets in an attempt to create a better outcome for themselves, or they may choose to hide assets or items important to you and claim they have gone missing. There are legal consequences that can deter your spouse from lying in front of a judge, and by taking them into a court setting, you can at least ensure that their attempts to conceal assets can be properly punished.

No matter your reason for choosing to move your divorce to court, it’s important to hire an experienced divorce lawyer to stand by your side. At James D. Madden, Attorney at Law, our Rancho Cucamonga divorce attorneys are ready to provide our clients with the top-tier legal guidance they need in order to fight for the outcome they deserve. Fill out our online form to request a free case consultation, or give us a call at (909) 992-0188 to set up a meeting with one of our attorneys.

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