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The Divorce Process

Understanding Your Options

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Divorce Litigation

About this method

In a traditional adversarial divorce, both parties retain lawyers who engage in a formal discovery process which can include subpoenas, document requests, and depositions. Attorneys prepare for trial, gathering evidence based on the history of your marriage, rather than working toward a future-focused solution. Many times, divorce litigation attorneys can reach a settlement on behalf of their clients, but if that doesn’t happen, a judge will hear the evidence and make the decisions for you.

Considerations

  • Removes you from face-to-face negotiations. Instead, your attorney will negotiate and prepare your case for you.
  • Parties who engage in this method may have to abide by a judge’s decision with which they do not agree.
  • The divorce litigation process can drag on, especially when post-trial motions and appeals are filed.
  • Can heighten conflict in an already difficult situation.
  • Litigation can be costly.

How do I know if litigation is right for me?

If there is high conflict in your family or relationship or if you have no confidence in the integrity of your spouse, then litigation may be appropriate. While the adversarial process can be stressful and destructive to parenting relationships, it offers the availability of formal discovery processes and the option of a judge making decisions for you if you and your spouse are unable to come to an agreed upon resolution.

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