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Should I Proceed with Litigation Instead of Agreeing to a California Divorce Settlement?

June 29, 2023, In Divorce

Divorce SettlementAt WHITMARSH FAMILY LAW, PC, our Los Angeles divorce attorney knows that not all California family law proceedings start or end the same way. Some spouses can decide in private how their divorce will unfold. Others require mediation to get to the bottom of what is important to their futures. In other cases, both spouses are willing to fight from start to finish, which eventually ends in a courtroom battle.

The question becomes, if you and your soon-to-be-ex-spouse cannot make important divorce decisions on your own, when should you settle, and when should you proceed to litigation?

Our Los Angeles County family law attorney has a few tips on when to compromise, and when to move inside the courtroom.

Understand Your Legal Rights and Options During a California Divorce

It is not unusual for a divorce to start on the wrong foot. Since all divorces are unique, most spouses have no idea what to expect from the other, or how their emotional state will change from day to day.

This can lead to disputes, erratic behavior, and unreasonable reactions during what would otherwise be a typical conversation. This highly emotional time can often lead to threats about “taking” the house, kids, or other possessions, just to upset the other spouse.

Since most people do not know how divorce works, they take these threats seriously.

Do not let your spouse bully you. Count on your skilled Los Angeles divorce attorney to set the record straight. Our California family laws will dictate most of your divorce’s requirements — not the other spouse.

You do not have to fear the unknown. We will help you understand how California’s family court will see your case, so you can make informed decisions about your future. This is typically when both spouses begin to compromise on details, as they know their threats are not going to produce results.

If You Have Legitimate Fears, We Want to Hear Them

All California family court judges prefer both parents to remain in their kids’ lives — now and going forward.

However, if the other parent may legitimately place your kids in danger, either through abuse, drug or alcohol use, or mental incapacity, we want to know about it, so we can fight for your kids and ensure they are safe during litigation.

If you have legitimate concerns about your safety, or if domestic violence has been an issue in your marriage, we want to know. This will help shape your divorce proceedings, so you are safe going forward.

What If My Spouse is Unwilling to Settle During Our California Divorce Proceedings?

Fighting for the sake of fighting is not a productive approach to finalizing a California divorce. If both you and your spouse have reached an impasse after negotiating your divorce between your attorneys — even though you both understand how the court will see your case — we can move your case inside the courtroom. We will actively litigate your case before a judge to pursue the outcome you desire. Our experience, skills, and resources will allow you to understand how your case will move forward, so you can make informed decisions about your future.

Contact Our Divorce Attorneys in Los Angeles, California Today

Contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC by calling (310) 552-3505 to schedule a free consultation today. We can help provide solutions that produce results.

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If you are considering a Divorce in Los Angeles, CA, Contact our experienced Attorney Today and Get a Free Consultation.

Give us a call 310-552-3505