Benefits Of Taking Your Divorce To Court
Posted on: 13 July 2023
Many extol the virtues of settling divorce issues outside the courtroom, which are many. However, divorcing in court also has its merits. Below are the benefits of letting the court decide your divorce.
You Don't Need Your Partner's Willingness or Presence
Alternative divorce methods, such as mediation and collaboration, require your partner's willingness and presence. Your partner must be willing to come to the negotiation meetings, speak, and produce evidence. Unfortunately, you cannot guarantee that your partner will willingly participate in the divorce process.
On the other hand, a court process doesn't depend on your partner's willingness. For example, the court has subpoena powers and can compel your partner to produce relevant evidence. Secondly, the court may grant you a default divorce if your partner goes missing and all your efforts to locate them prove futile.
You Don't Have To Deal With a Threatening Partner
Divorcing outside the court is not for everyone. For example, you might struggle to negotiate or arbitrate your divorce if you fear your partner. Maybe your partner is threatening or has a history of domestic abuse. In such cases, you might hold back during the negotiations or even cower during the deliberations. Some spouses can even threaten you subtly.
However, you are perfectly safe during divorce proceedings in court. You can even get protective orders, such as a restraining order, to protect you from your spouse outside the courtroom.
The Judgment Is Binding
Some alternative divorce methods are not binding and can waste your time. For example, your spouse may refuse to sign your divorce agreement after mediation. You cannot force such a spouse to sign the agreement and will have to go to court. Nonbinding divorce methods can waste your money and time.
However, you do not have to sign anything to make the divorce judgment binding once the judge delivers their ruling. The court ruling is binding even if you don't agree with it. The only way to oppose a divorce ruling is to appeal it.
Court Processes Are Strict
Lastly, court processes are streamlined and strict. You know what you are getting into when you opt for divorce litigation. For example, courts have strict rules of evidence and testimony that protect the process' integrity. Some things that can fly under the radar during mediation, collaboration, or arbitration won't cut it in court.
Consult a family lawyer when you know you have decided to divorce. The lawyer will analyze your objectives and circumstances to help you divorce most appropriately.
Contact a local divorce attorney to learn more.
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