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, and the details of your particular circumstances. 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.


  • 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.