When a New York Litigated Divorce is Your Best Option

Posted on March 16, 2015 by Bob Levin

7741359_sThe praises of mediation in divorce cases are sung so often, an increasing number of spouses are approaching their divorce with the assumption that mediation is always the better choice: Always cheaper, always faster, always less stressful. While mediation can be all of these things, the fact is that under certain circumstances, a New York litigated divorce is actually a better choice. As with everything in this life, it all depends on the details of the situation. 

Uncooperative Spouse

In divorces where one spouse is attempting to hide assets or otherwise skew the final details of the divorce or the custody or support details, ac may be necessary to force discovery that will reveal the financial and property details they are trying to obscure. In other cases, where a spouse is attempting to hide lifestyle choices or other evidence, litigation again may be the only way.
 

Abuse

In marriages where domestic violence, abuse, and other emotional or physical traumas have taken place, mediation or collaborative approaches may not be possible due to the loss of trust and possible fear of the other spouse. In such cases, a New York litigated divorce is often the best approach as it keeps the spouses separated and allows the filter of multiple attorneys, the judge, and other court apparatus to maintain a secure, abstracted environment.

Criminal Activity

If one spouse is involved in criminal activity, litigation may be the only way custody and support issues can be settled without implicating the other spouse in the same activities.

Litigation can be upsetting, slow, and expensive – but it also offers tools that mediation does not, and is sometimes the best choice for moving forward in a divorce when special circumstances are present.  If you are unsure whether your particular circumstances warrant consideration of litigation versus mediation, contact our office and speak with an attorney who can assist you with making that determination.

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