Sometimes, people can be unreasonable. If they’re hurt or feeling bad about a situation, it’s much more likely that they’ll do things that you disagree with to try to get back at you or make you suffer the way they are. That’s why some spouses argue against any reasonable solution to a divorce and push for litigation.
Litigation isn’t a great idea for most people, because it’s time-intensive and costly. Litigating your divorce requires you to spend many hours putting together a case, and there is no guarantee that the judge will agree with either of you on what you want.
By litigating, you’re putting the results of your divorce settlement directly into the judge’s hands. However, there are ways to be successful with litigation, especially if you keep the big picture in mind.
Handling an unreasonable spouse in divorce
Your attorney may represent you in direct negotiations in as much of your case as possible before you head to court to litigate. It’s possible that you can work out a few items in advance. Can you come to an agreement about the family home? Is there a parenting schedule you and your spouse can agree upon? Even if you can only settle a few issues, those decisions will help to reduce the cost of litigation and help to make your divorce smoother when it comes time to go to court. It is wise to keep the big picture in mind — is fighting extensively or negotiating a few details going to serve you better in the long run?
Collaborating is in most people’s best interests, but there will be times when people will refuse. If that happens in your case, it’s reasonable to discuss all options with your attorney while preparing to litigate if necessary.