When you and your spouse are headed for a divorce, you have a few options available to you to complete the process. Even though you probably want to avoid a contentious divorce that winds up in court, sometimes it is necessary to let a judge make decisions in your case.
An amicable divorce can go out the window if your spouse's divorce attorney is overly aggressive. Unfortunately, even if your spouse has agreed to end things peacefully, it might not be possible if he or she is represented by an aggressive attorney.
If you and your spouse are ending on bad terms, the addition of an aggressive attorney can mean even more trouble for you. It is better to let the divorce court decide what happens in your divorce.
Despite your best efforts, if your spouse is upset and unwilling to negotiate, mediation will not work. Some spouses tend to use divorce as a way of punishing the other spouse for the failed relationship. If your spouse sees the end of your relationship as your fault, he or she might be unwilling to talk about how to end it amicably.
Your spouse might even refuse to talk at all about the divorce. At this point, court is most likely your only option.
Obviously, it is difficult to negotiate with a spouse that is missing. You will need to go to court and have a judge terminate your marriage. Your divorce attorney can help you understand the legal requirements that must be met to qualify for this type of divorce.
For instance, your state might require that your spouse be missing for a certain period of time before you can ask for an absentee divorce.
Overly Aggressive Spouse
If your spouse is overly aggressive or behaves like a bully towards you, mediation is not the place for you. During mediation, you could feel bullied into agreeing to the demands of your spouse even if his or her proposed settlement is not unreasonable.
Your attorney can help you determine what a reasonable settlement is of your marriages debts and assets and work with the judge to reach an agreement. This is especially important if custody of your children is at risk. You do not want to be bullied into a custodial agreement that would interfere with your relationship with your children.
If there are other circumstances that indicate you should be heading to court, your attorney will alert you to them. Rely on your attorney (such as Sarah J. Liddy Attorney At Law) for guidance throughout the process.