Divorce Litigation

If, after exploring alternative methods of dispute resolution, such as Dissolution, Mediation, Principled/Facilitated Negotiation, and Collaborative Law, it may be decided that the client’s only effective alternative is to commence a lawsuit for divorce.

The primary purpose of litigation is to provide the Courts’ oversight and authority to resolve the conflict. The Court is immediately available to resolve issues, including but not limited to:

• temporary restraining orders
• temporary protective orders
• temporary custodial orders
• temporary financial orders, including child support, spousal support, and payment of marital bills and expenses
• temporary attorney’s fees
• eviction orders

The Court will oversee and issue orders regarding Discovery (exchange of information.)

Before the case can be completed, the Court must:
--allocate parental rights and responsibilities regarding minor children. The Court determines the best interests of the children. This includes the type of custodial plan, possession/visitation schedule, child support, medical insurance responsibility, payment of uninsured medical expenses, tax exemptions and other provisions for the benefit of the children.
--determine fair and equitable division of the marital assets and debts.
--determine a fair and equitable spousal support order.

Divorce litigation is time-intensive, usually more contentious, and typically the most expensive type of resolution. Though most litigation results in a settlement reached by the parties, the attorney needs to prepare as if the case will go to trial. You want to choose an attorney who is experienced, knowledgeable, and who will aggressively protect your interests.