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When litigation may be the best step in the divorce process

On Behalf of | Feb 26, 2020 | Divorce

Divorce can mean a difficult process of trying to determine how to divide property and what to do about child custody for people in Ohio. While this can sometimes be negotiated, there may be situations in which negotiations stall and a person wonders whether it would be better to settle or continue pursuing the case in litigation.

Litigation can take a year or longer, so time may be one factor. People may also want to take cost into account, particularly if the argument is over property division. Since litigation can cost five or six figures, it may not be worthwhile to go through this process. Litigation is also stressful, not just for the couple but also for children. In addition, there may be times when it is necessary to drop something important in order to get information to an attorney. Being caught up in long-running litigation can also affect a person’s performance at work.

However, there may still be situations when despite these considerations, litigation still seems worthwhile. If a person finds a custody arrangement or offer for property division in negotiation unacceptable and the other individual will not negotiate further, litigation might be the right choice, particularly if the person has a strong case.

One example of a case in which a person may want to pursue litigation during divorce is if one person is a business owner and there is a dispute over what would constitute an equitable division of the business. An attorney might be able to accurately assess each person’s contribution to the business. Another situation may be if one parent is concerned about the child’s safety with the other parent. Litigation might result in that parent only being allowed supervised visitation.