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When do you fight and when do you compromise during a divorce?

On Behalf of | Jan 26, 2022 | Family Law

Spouses who choose divorce in Indiana have control over what the process looks like, at least in theory. Some spouses work together to negotiate property settlement arrangements or a custody agreement. Mediation or collaborative negotiation get help divorcing spouses file an uncontested divorce.

Generally, an uncontested Indiana divorce is going to be cheaper and more private than a contested or litigated divorce. You spend less time in court, so you rack up fewer bills for the dissolution of your marriage. While you do have to attend a hearing, a judge just has to approve your settlement, not make major decisions.

However, there are valid reasons why one spouse may decide that going to court to fight is a better approach than compromising during a divorce. When does it make sense to litigate an Indiana divorce?

When one spouse is unreasonable

Does your ex want to keep the marital home while assigning you all of the credit card debt? Do they seem to think that they can bully you into giving up all of your parenting time?

Some people will use divorce proceedings as a way to punish their ex. They make unreasonable demands and insist that it is their way or the highway. If your ex won’t work with you and compromise, then you may need to have a judge make the decisions about outstanding issues from your marriage.

When you worry about the safety of your children

In Indiana, judges tend to prefer shared custody or co-parenting arrangements. However, there are situations where one parent might endanger the children, making shared custody against the best interests of the children.

If your ex has a history of becoming physically abusive toward you, you may worry that they will turn that anger on your children when you are no longer there to serve as an intermediary. If your ex has issues with medical conditions or addiction, they may want to be a good parent but struggle to meet the needs of your children. If you believe that your ex will not be able to safely parent your children, then you may need to litigate so that you can seek sole custody.

Recognizing win there is a good reason to fight as you move forward with a future Indiana divorce can help you make the best choices about the end of your marriage.