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When mediation is not possible in divorce

Divorce is, by its very nature, an extremely stressful time for couples. What was once a shared union turns into a permanent separation, one that involves many important decisions about finances and family. 

While some couples are able to find shared solutions through mediation and collaborative divorces, other couples do not have the ability to come to the negotiating table. Here are some situations in which it may be necessary to turn to an attorney with specific skills in trial litigation to successfully pursue a divorce.

High-asset divorce

When a divorcing couple has a high net worth, finances can become a bitter focal point in the separation process. Sometimes, a spouse will actually hide assets during the divorce in an attempt to prevent a judge from deciding how to divide them under the appropriate state laws and with respect to the divorcing couple's unique situation. In a divorce where one of the spouses is hiding assets, mediation is clearly not an option. For a shared agreement to take place, there must be a sense of trust and transparency from both spouses. Hiding assets is illegal and a serious breach of trust that jeopardizes the financial future of the other spouse. Spouses may hide assets through offshore accounts, underreporting income or setting up hidden bank accounts to hide cash, among a myriad of other tactics.

Child custody battles

Fighting over child custody is another area that usually makes mediation an impossible option and typically lands divorcing couples in court. Emotions run high when it comes to children, and sometimes, spouses will use children as pawns to gain power over the other spouse. While this is unfortunate and can ultimately be psychologically damaging to the children, it can be common in contentious divorces. Although in some counties, such as Hardin County, Kentucky, parents will have to go through mediation, some parents simply cannot find common ground

In those types of cases, an attorney with a strong background and proven experience in trial litigation can be an invaluable asset in court. An experienced family law attorney who handles these cases will know how to build an aggressive strategy that aims to minimize conflict while protecting the client's rights and working to reach his or her goals for a successful post-divorce future.

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