In a best-case scenario, divorcing couples in California and elsewhere would be able to sort out their disagreements without the aid of the court. The fortunate ones who do so end their marriages amicably through alternative dispute resolution methods, such as mediation or collaborative law. At the Law Offices of Diane J.N. Morin, we understand that not everyone can succeed with an uncontested divorce. There are some circumstances when your interests might be best represented through litigation.
As the American Bar Association explains, mediation and other forms of uncontested divorce can have numerous benefits, such as reducing conflict, lowering your costs and taking less time than going to court. However, the following situations might complicate an attempt at an amicable divorce:
- Domestic violence was a factor during your marriage.
- Your spouse had a problem with alcohol or substance abuse.
- Your spouse earns significantly more money than you, and he or she may use the financial advantage against you.
- Either you or your spouse are unable to discuss issues civilly and keep an open mind about solutions to your disputes.
- Both of you are adamant about getting full custody of your children.
- The mediator in your divorce case is not acting impartially.
Divorce is never easy, even if you and your soon-to-be-ex are on friendly terms. Our page on mediation explains that uncontested methods may be beneficial to some couples, but are not for everyone. When you are planning a divorce, it is important to understand the options so you can make an informed choice as to which method is best for your circumstances.