Skip to Content
Litigation. Collaborative Law. Mediation.

When is Divorce Litigation the Best Option?


Under certain circumstances, divorce litigation may be the best option for a divorce.  Usually litigation becomes a viable option after attempts to settle have failed, and couples still have one or more highly contested issues.  When domestic violence, child abuse, drug abuse, or criminal activities are issues, couples may also not be able to communicate and work together to resolve their differences.  It is safe to say that whenever settlement is not possible, the option remains that the courts can make the decisions for you.

Forensic Issues

Disclosure is problematic when a spouse hides assets, debts, other financial matters. You may need to use a forensic accountant to trace assets, find offshore accounts, or do other investigative work to uncover what occurred financially.

Courtroom litigation also opens the door to many other legal tools traditionally used during the discovery process, such as extensive financial document exchange, depositions, motions, and psychological profiles of parents and children in relation to custody issues.

Complicated property or business valuation may also be pivotal for resolving property division conflicts and require skilled case presentation during trial to protect your interests.

An experienced New York divorce lawyer can review all the details of your divorce situation and advise whether alternative dispute resolution, such as mediation or collaborative divorce, is appropriate or whether litigation is your best option.