Many divorcing spouses can agree on divorce terms and settle their cases without ever going to court. However, it is not surprising that some couples cannot agree. After all, divorce usually stems from conflict, and spouses might not be willing to compromise. When you cannot reach a decision on one or more issues, your case might need to go to court.
Some issues that often head into court include:
- Community property division
- Child custody
- Spousal support
These can be contentious issues, and your lawyer can try to negotiate for an out-of-court settlement. When this is not possible, the issue might need to go before the judge.
In court, each attorney presents the arguments of their respective clients to the judge. They might present witnesses or other evidence to support your side of the case. The judge then makes a decision on how to resolve the issue, and the matter is out of your hands.
No one wants their financial future or relationship with their children in the hands of the judge, but sometimes, it is necessary. Common issues that might lead to litigation include:
- One spouse is requesting substantial support
- One spouse is trying to get sole custody of the children
- The spouses have complex property, such as businesses, and they cannot agree how to split it up
While litigation might take longer, the court will need to hear any unresolved issues before it will finalize your case.
Speak with a Marin County Divorce Attorney Right Away
If you need to litigate one or more issues, you need a hard-hitting litigator handling your case. If you have suspicions that your divorce will not reach a settlement, you should seek help from a California divorce lawyer from Mason Law Office. We have experience in court and will fight for your future. Contact us online or call us today at 833.770.1372.