Is a Litigation Divorce Right For You?

Is a litigation divorce right for you? That’s a big question and one you should never be in a rush to answer. Litigation describes the process of fighting for everything you think you’re entitled to in a divorce and/or custody settlement. Make no mistake, litigation divorce is not the fastest, easiest, or least expensive way to get a divorce. It can be difficult and stressful. It also involves you and your ex hiring your own lawyers for a long and contentious process. But it is the right method for many couples.

Here are a few questions to help you decide if litigation divorce is the best choice for you.

  • Do you and your former spouse disagree on big issues? In matters of asset or property division, support payments, child custody, or child conservatorship, you won’t want to feel rushed or pushed to make a choice you don’t agree with.
  • Do you need to demonstrate for the courts that your ex is an unfit parent or should not be allowed unsupervised visitation? If you have to demonstrate proof of a felony conviction, mental health confinement, drug addiction, or domestic abuse, you will absolutely want a litigation divorce and your own attorney.
  • Are there grounds for divorce that must be proven in court? These might include cruelty, adultery, abandonment, or living apart for an extended period. Having your own lawyer will be helpful here as well.

You should consider not undertaking a litigation divorce if any of these are true:

  • You want your divorce concluded as quickly as possible.
  • You do not want or need support payments for you or your children.
  • You trust your ex completely to be fair and accurate in their statements regarding you, your family finances, and your marriage.

Still not sure whether litigation divorce is for you? It’s a good idea to schedule a consultation with an experienced divorce attorney to discuss your options. Call Jennifer Espronceda at 210-504-1514 or use her contact form.

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