Should I Contest My Divorce?

 Posted on February 09, 2024 in Divorce

Although resolving your divorce out of court can save time and money, it is not always the right course of action. You may need to contest your divorce if your spouse would not or could not participate in mediation in good faith or if you have suffered abuse during your marriage. There are very few hard-and-fast rules about who should or should not contest their divorce. Rather, this is a decision each individual must make based on their own complete set of circumstances. In some cases, not contesting your divorce would cost you more in the long run if you would have to give up a lot of marital property you are entitled to or would have to agree to pay unreasonable spousal support before your spouse will sign the divorce agreement. A Naperville, IL, divorce attorney can help you decide whether contesting your divorce is likely to hurt or benefit you in the end. 

Who Should Not Attempt Divorce Mediation?

Even spouses who are very much in conflict can often resolve their differences and come to a reasonable and fair agreement with the help of an experienced mediator and their attorneys. However, we may suggest that trying divorce mediation would be harmful or unproductive in cases involving:

• Spousal abuse - If you have faced any form of spousal abuse during your marriage, there is a high risk that your spouse would lie to the mediator or try to coerce or even threaten you into accepting their terms. 
• Child safety concerns - If you have reason to believe that your spouse would harm your children in any way if they were allowed unsupervised parenting time, you may need to litigate your divorce to prevent your spouse from getting time alone with the kids. The only exception would be if your spouse is willing to voluntarily agree to supervised or no parenting time. 
• Severe mental illness - If your spouse is experiencing a severe and unchecked mental illness, such as any form of psychosis, they may not have the ability to make a rational agreement. Trying mediation may lead only to unreasonable demands or missed appointments. 
• Active substance abuse - People in active addiction can be extremely manipulative and will often try anything to obtain more money or property they can sell to buy drugs. Your spouse may even go as far as presenting false evidence to obtain a more favorable agreement. A court can investigate in ways a mediator cannot. 
• Unreasonable demands - Your spouse significantly out-earns you but demands alimony. They demand full custody even though they work all day and you are the primary caregiver. A judge can quickly quash these demands. 

If any of these factors are present in your case, a contested divorce may be your best option.

Contact a DuPage County, IL, Divorce Lawyer

Law Office of Ronald L. Hendrix, P.C. is a firm of experienced divorce litigators. Our skilled team of Naperville, IL, contested divorce attorneys can fight for you in court. Contact us at 630-355-7776 for a free consultation.