When is Court Inevitable in a Divorce?


1. When you’re dealing with a bully. No matter what you say or how great your offer is, you have to go to court if the opposing side is dead set on intimidating you or emotionally manipulating you to achieve a better result for themselves. You need a neutral judge to decide on what’s fair.

2. When you receive an offer worse than your worst day in court. It’s just math. You and your lawyer need to calculate what you can reasonably get on your worst day in court.  If the offer from the other side is worse than your worst day in Court, you should try the case at a hearing.

3. If physical abuse is involved. You can’t negotiate with your abuser, there is too much at stake and too much fear involved. The risk of duress is high when you negotiate with your abuser.  In this instance, you need to have a court help protect your children and yourself.

Holly R. Davis

Holly R. Davis is a Partner and Trial Attorney at Kirker Davis. She is an accomplished and nationally-recognized family law trial attorney with over seventeen years of experience.  Her legal practice focuses on high-asset divorce, business and professional divorce, custody matters, and complex litigation.

Education: Baylor University School of Law, J.D. (2006)
Years of experience: +17 years



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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a personal injury attorney.

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