I encourage readers to do what they can to stay out of divorce court. No one wants a judge, a third party who doesn't know you, your children or what is in your best interest to decide how marital assets are split or custody is decided.
There are times when divorce court is unavoidable though. The following are examples of situations where you may have no other recourse but court.
- Regardless of your best attempts you and your spouse are unable to come to settlement agreement. If your ex is angry or suffers from an emotional or personality disorder they probably won't agree to anything, even if it is something that benefits them. If that is the case leaving it up to a family court judge may be your only option.
- After the divorce is final your "circumstances" may change. If you were ordered to pay a certain amount of child support and lose your job you will need to petition the court for a downward modification in the ordered amount you pay. Whether it is child support, spousal support or any other financial obligation you have due to divorce court order, if your financial situation changes you have to get a new order before you can lower those payments.
- If you have an ex who is not paying child support, spousal support or other ordered financial obligations you will need to file a petition for contempt in divorce court. If you find yourself in this situation you should consider requesting the payments are taken directly from your ex's salary or wages and deposited in your bank account. This is one way of making sure an ex meets those financial obligations.