Litigation
Better known as "Traditional Divorce."
When you retain a litigation lawyer she works for you so your rights are protected and you are not taken advantage of during this challenging time. Your litigation lawyer will negotiate settlement with your spouse’s lawyer and if unsuccessful will present your case to the judge who makes decisions when couples cannot reach their own agreements. Ultimately decisions are reached by you or the judge regarding child custody, child support, property division, and spousal support.
This process can be overwhelming especially for those unfamiliar with the
courtroom environment. We are here to alleviate your anxiety by guiding you through every step. With extensive experience handling trials, we work tirelessly to protect your interests while striving to reach a reasonable resolution to help you avoid the stress and expense of a trial whenever possible.
To better serve our clients, we offer various “levels” of representation (see
below) designed to meet your unique needs and financial considerations.
Steps to a Litigated Divorce
1
Complaint for Divorce
These Documents provide the judge and Friend of the Court with information about you, your spouse, and your children. It also lets the court know your wishes about parenting time, child custody and support, spousal support and the division of property.
2
Waiting Period
There is a mandatory waiting period before a divorce can be finalized. When there are no minor children are involved it is sixty days. When minor children are involved the wait is six months. The waiting period begins when the Complaint for Divorce is filed.
3
Discovery Process
Discovery gathers documentation about income, debts, assets, etc.. This may include written interrogations, subpoenas, and depositions. All of this allows you to make informed decisions during settlement negotiations, and provides information to be presented at trial.
4
Temporary Order
At times, this is needed during the waiting period to determine how certain matters are handled. Matters such as: parenting time, child custody and support, spousal support, payment of bills, who lives in the marital home, etc. If needed, this order can be file with the complaint documents.
5
Mediation/Conference
Mediation or a conference with the Friend of the Court may be required in an attempt to resolve these temporary issues before going to court. If you and your partner cannot agree on temporary arrangements, a judge or referee will make a decision on the requests.
6
Settlement or Judges Ruling
In the majority of cases, you'll agree to settle. If your case goes to trial, both parties, and witnesses called, will take the stand and respond to questions from attorneys on both sides. Based on the testimony and other evidence, the judge will decide disputed issues.
How We Can Help!
Our office offers different levels of representation based on your needs.
- Attorney of Record: This means that we would handle all court appearances and process all paperwork throughout the divorce.
- Consulting Attorney: In this role, we will guide you through the process, but you are formally representing yourself. We will tell you what paperwork needs to be filed when, and answer procedural questions you may have. We will also advise you on how the law applies to your case.
- Mediation Counsel: Advising you of what to expect, and developing a settlement proposal that fits your needs. You can consult with us following mediation or in between sessions about any questions you may have.
- Document Drafter: You can retain us simply to draft the paperwork necessary to complete your divorce. Only if you are able to reach a full agreement with your spouse and do not need the aid of an attorney to negotiate that agreement.