Divorce Litigation
When you hear a matter is “contested” it means you are in Court. Litigation is the best alternative when you and your spouse fundamentally disagree on major issues that you cannot agree upon. Usually, litigation is the best alternative if you have tried one of the other alternative dispute resolution methods or if you are separated and you need immediate support, visitation or custody determination. The benefit of litigation is that there is resolution when you are stuck at an impasse. The financial and emotional costs of litigation are steep. Going to court can mean several trials and hearings, formal discovery such as depositions, subpoenas and document productions. A decision is made by a Judge rather than you and your spouse and although some people “want their day in court,” the result is often less satisfying than is imagined because generally, a judge wants to make a ruling so that neither party is completely satisfied. Notwithstanding the negatives of litigation, some case simply must be tried and hopefully along the process, a settlement can be negotiated.