Getting a divorce can go smoothly for some; for others, it can be extremely emotional and stressful. When a difficult spouse makes this process more challenging for the other spouse and their divorce lawyer, this can cause stress and the entire process can quickly become a divorce nightmare. No lawyer likes to see any divorce get ugly; unfortunately, this does happen. If this does, a client and his or her divorce attorney must approach things differently in order to finalize the divorce.
When One Spouse Is Unreasonable
Divorces happen for many reasons and is not easy for either spouse. One spouse may become very unreasonable due to the emotional impact of a divorce. This often means a spouse may act inappropriately due to their hurt and anger. A spouse who acts unreasonably may attempt to stall or prevent the divorce from proceeding or make reaching necessary agreements difficult, simply because they can. Situations like this require special handling for the other spouse and their divorce lawyer to find the best resolution to the additional problems presented by and uncooperative spouse.
Let Divorce Attorneys Do Their Job
The best divorce situation is one where both spouses are willing to negotiate and agree on necessary terms, with only minimal involvement of lawyers, other than to guide the process. When divorce attorneys must step in and help the situation because of an unreasonable spouse, they must be allowed to do so or the divorce will not progress. The reasonable spouse should not cave in to pressure or anger, which are tactics frequently used by an unreasonable spouse in an effort to get their way.
A divorcing spouse should let their lawyer remind the arguing spouse that if litigation is necessary, everyone will end up in court where they will have little say in the outcome. The judge will make all final decisions. Divorce attorneys act as a client’s spokesperson, as the avenue of communication between the argumentative spouse and their lawyer in an attempt to diffuse the situation and encourage compromise. Sometimes, a difficult spouse will only respond more favorably when faced with the threat of a divorce trial.
When A Divorce Goes To Trial
There are a number of reasons why a divorce ends up going to trial; dealing with an unreasonable spouse is one of them. In court, all decisions are up to the judge. The divorce lawyers and their respective clients can state their claims; however, the ultimate decision lies with the judge. Behavior, and a spouse's willingness to work with the other spouse, can adversely affect the results of the divorce.
When a judge sees one spouse acting unreasonably toward the other, unwilling to come to terms with the divorce, and acting against the other spouse, their opinion as to which spouse’s requests should receive greater consideration will be affected. Divorce lawyers understand this and counsel their uncooperative clients about the need to cooperate more with their spouse. When the case ends up going before a judge, the spouse behaving unreasonably may lose more than they hope to gain.
Divorces are often unpleasant; however, in order for each spouse to come out of it with a favorable outcome, they must cooperate with each other. When one spouse refuses to cooperate and adds unnecessary stress to the situation, divorce lawyers are usually forced to litigate. In either case, as long as the other spouse is attempting to be reasonable, they should not give in any unreasonable demands of the arguing spouse. The cooperative spouse should allow their divorce attorney to do what they do best and litigate the case if necessary!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526