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When To Choose Divorce Litigation Over Mediation


While divorce mediation is quickly becoming one of the preferred methods of negotiating a Florida divorce, there are times when litigation in court may be the better method for getting the settlement you deserve. At the law office of Blair H. Chan, III in Tampa Bay, our office has significant experience with all types of divorce settlement methods and can help identify which may be best for your case. Call the office or contact us today to schedule a free consultation and learn more about your legal options.

When One Spouse Opposes the Divorce

Mediation is not an effective method when one spouse opposes the divorce. The purpose of mediation is to come together and compromise on the terms of a divorce. If one spouse outright opposes the divorce proceedings there is no chance of a successful mediation as they will not agree to the terms on any issue. In this case, divorce litigation is the only way to effectuate the process.

When There is a History of Domestic Violence

Divorce mediation should also not be attempted if there is a history of domestic violence by a spouse. Mediation is meant to be a safe space where spouses, their lawyers, and a mediator can all communicate openly without fear. If one spouse is scared for their physical or emotional wellbeing with the other spouse present, a fair mediation will not be achieved as the opportunity for intimidation is too high.

High Conflict Situations

Divorce litigation should also be considered over mediation if the couple is engaged in a high conflict divorce. If the spouses are picking fights, undercutting each other to children, and otherwise engaging in acrimonious behavior, mediation is not the right option. Because mediation requires a high level of communication, the chances are more likely that the mediation will stall at every small issue with bickering and fights. Litigation minimizes contact between spouses and allows the attorneys to communicate on their behalf in court.

Suspicion of Hiding Assets or Other Fraud

Finally, divorce litigation should be considered instead of mediation if you suspect that your spouse is hiding assets or committing some other type of fraud in order to secure a better outcome in the divorce settlement. Litigation involves the discovery process, which requires the turning over of all documents and evidence that could identify hidden assets or other nefarious behavior. If you cannot trust your spouse to be completely forthcoming with information during mediation, litigation should always be preferred. To learn more, talk to a knowledgeable divorce attorney today.

Call or Contact Our Office Now

Do you have questions about what method is best for settling your Florida divorce? Then call the office or contact the Tampa family attorneys today at the law office of Blair H. Chan, III to schedule a free evaluation of your case now to learn more about your legal options. We will review the details of your case and help you decide whether mediation, litigation, or another settlement method is best for your situation.


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