Why Some Divorces Go to Court and Others Don’t

Many clients are surprised to learn that few family law issues, including divorces, make their way into the courtroom. But “few” is more than “none,” and it’s not uncommon for certain divorce-related issues to require judicial intervention. But how do you know if your divorce is likely to wind up in court? Speak to a Stockton divorce attorney to find out. 

Divorces That Are More Likely to Go to Court 

The following issues are more likely to land your divorce in the courtroom: 

High-Conflict Child Custody Issues 

Divorcing couples generally may work out most issues without being required to obtain court approval — i.e., alimony, property division, etc. Child custody and child support are not among those issues. Decisions involving children require a family law court sign-off, and if the divorce is already high-conflict, that makes it even more likely that those issues will end up being litigated. 

Complex or High-Value Assets

While California’s community property laws can simplify property division somewhat, it can still be challenging to assign a value to particularly complex or high-value assets (e.g., businesses, real estate, investments). Disagreements over the value of such assets in high-asset divorces are more likely to end up in court, as there is more at stake, and wealthier individuals may have a higher tolerance for litigation. 

Requests for Alimony 

Alimony is optional, and California law gives courts broad discretion in determining whether to award it and in what amount. Absent a prenuptial agreement covering alimony, a spouse who is insistent on getting alimony can drag a divorce proceeding into the courtroom. 

Divorces That Are Less Likely to Go to Court

The following types of divorces are generally less likely to end up in litigation: 

Short-Term Marriages 

Generally, the shorter the marriage, the less likely it is that the couple has had children, accumulated significant assets, or a spouse has dropped out of the labor force. Accordingly, such marriages are less likely to end up in court than those where the opposites are true. 

Amicable Divorces 

Divorce is not always ugly. In many cases, the spouses mutually agree that they’re not getting what they need out of the marriage and choose to go their separate ways with no (or few) hard feelings. Those couples are more likely to reach agreements on all issues and, therefore, less likely to see the inside of a courtroom. 

Collaborative Divorces 

Even if the divorcing couple can’t agree on everything, they may still avoid litigation by opting for a collaborative divorce, in which the parties may agree not to pursue litigation. Collaborative divorces are much less adversarial than traditional divorces, and typically involve mediated proceedings via attorneys and other professionals. 

Get a Clearer Picture From a Stockton Divorce Attorney 

Every marriage is unique, and the scenarios described herein are general guidelines. For more information about whether your divorce is likely to end up in litigation, please speak to a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.