Divorce Litigation

Divorces can be messy and when it does you’ll most likely have to undergo divorce litigation. As a dispute resolution method for divorcing parties, divorce litigation involves taking one’s case to court for a judge to decide the outcome. When divorce mediation and divorce arbitration aren’t options, divorce litigation is the only other way to settle things.

Divorced parties who end up going this route are usually tangled in a high-conflict divorce that usually revolves around one or more of the following issues: spousal support, child custody, division of property and child support. When the divorcing parties cannot come to a resolution on their own, divorce litigation resolves it for them.

Unlike divorce mediation, divorce litigation is lengthy, expensive and very conflictual. If the two parties are on amicable terms and willing to compromise, mediation is a better route for both. Here a mediator will try to help each divorcing party compromise on their issues to come to a resolution that both parties agree to.

Divorce litigation is expensive for a number of reasons. Attorney fees, court fees and the overall fact that conflictual issues often lead to more conflict, can add up in the end. These types of divorce cases last much longer than mediated ones, since both parties continue to argue their stance with no mediation in sight. During divorce litigations, a court will hear their case and then recess until all the information is gathered. This process increases the expense and time for the divorcing party involved.

Although divorce litigation has similarities to divorce arbitration, there are still very different. Litigation is still much more costly than arbitration for divorcing parties. This is because the costs linked to litigation are so much higher given the degree of conflict involved. Parties enter the divorce litigation process in conflict, which only increases as the case goes on. This lengthens the process and the cost of it all. An arbitrated case can also not be appealed, while a litigation case can, extending the time and costs associated even more.

If either party cannot come to an amicable resolution on their own, divorce litigation is their own option. Even with divorce arbitration, both parties need some incentive to want to resolve the case. When that can’t be met, divorce litigation may be necessary to resolve the issues between divorcing parties.

If you or a loved one is in need of a professional divorce lawyer who specializes in divorce litigation, be sure to contact our team for a free case review.