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The Real Reason People Go to Divorce Court

Judge gavel with Justice lawyers deciding, consultation on marriage divorce between married couple and signing divorce documents on table. Concepts of Law and Legal services.

Dissolving a marriage isn’t usually the real reason people head to divorce court. In fact, settling out of court might seem appealing to some divorcing couples. However, there are some circumstances where court intervention may be needed to proceed with a divorce.

The Myth of Seeking Justice

In many cases, one or both spouses in a divorce are drawn to court because it is a common misconception that the only way to obtain justice is to go before a judge. However, airing out disagreements before a judge does not always provide the best results in a divorce.

There are two realistic reasons why a divorcing couple would go to divorce court. The main one is to finalize their divorce decree. This happens after all agreements have been reached. All that is left to do is for the judge to sign off on the divorce and sometimes the parties do not even have to be present. The other reason would be that bumps in the road have derailed the divorce process and the only way to stop it from dragging out is to go to court.

The Other Spouse Won’t Communicate

In a situation where only one spouse is motived to divorce, the other spouse might resist any efforts to start the process. He or she may not be ready to accept what is happening. As a result, he or she might:

  • Avoid signing necessary documents
  • Refuse to hire a family law attorney to represent him or her
  • Disappear or stop communicating

Going to court may be the push that a non-responsive spouse needs to understand the reality of the situation and start the divorce process rolling.

Suspicion that a Spouse is Lying or Hiding Assets

When one spouse appears to be lying about his or her financial picture, it may be necessary to go to court. Lying about finances or available assets to a judge could bring serious consequences. Therefore, going to court could sometimes set the record straight and move the divorce process forward.

Refusing to Negotiate to Reach an Agreement

It is in a divorcing couple’s best interest to try to arrive at an agreement concerning the particulars of their divorce. This normally can be accomplished through mediation or collaborative divorce. When attempts to negotiate a fair division of assets, parenting plan, removal from state, or child support/alimony agreement fail, going to court may be necessary.

Uncontested divorce lawyer Denise Erlich is passionate about helping divorcing couples in the greater Chicagoland area transition to their new life as seamlessly as possible. Ms. Erlich patiently guides her clients through every step of the divorce process and provides clients with candid advice about their case and legal options, so they can make informed decisions about their future.