Litigating a Divorce Case
Nov. 20, 2022
Over a million divorces occur throughout the U.S. annually. However, often people when getting divorced for the first time, have no experience regarding the process as they find themselves pitted against their significant other in a compounded legal battle. Collaborative divorce and mediation are growing in popularity all over the country where spouses can amicably negotiate their divorces and come to a mutual agreement. If that is not the case then litigating a divorce is the only option left available. That being said, whenever a divorce is being litigated it is advisable to keep in mind what to expect in the divorce. Litigating a divorce can take several months or even years before the case is resolved and even then, one or both parties may not be satisfied with the results. Litigation can be a beneficial way to protect spouses, children, and assets however it is important to keep the cost factor in mind as well. Divorce litigation is an expensive financial undertaking, to say the least.
The emotional toll it takes can often surpass the financial costs but if a competent family law firm is able to protect a spouse’s assets or arrange for required spousal or child support, then such an investment is a worthwhile proposition. People are encouraged to settle their marital disputes prior to litigation so that they can save both time and money by reducing the number of issues being litigated. In a scenario where divorce litigation is inevitable, it is a good idea to retain a lawyer early in the process. An experienced, contested-divorce attorney can help an individual prepare for a litigated divorce by helping to prepare a strategy and providing representation in court where necessary in order to get the best possible outcome.
Some basic facts people should understand about the divorce litigation process are:
Divorce Litigation Is Time Consuming
If you are looking for a quick resolution to your divorce, then this is not the way to go. Litigation of a divorce often takes years and results in disappointing outcomes and high attorney fees. The long duration of the litigation process can often cause feelings of alienation among the children involved.
Divorce Litigation Can Cause Depression And Anti-Social Tendencies
Litigating a divorce is an exhaustive process, mentally, physically, and financially. People involved often become introverted and start getting absorbed in feelings of self-pity. In such an instance, a competent family law attorney counsels their client on being focused on the end result, the goals and aspirations they have and ultimately moving on with their life after the divorce is finalized.
Divorce Litigation Fosters Animosity
Litigating a divorce is often akin to being in a tug of war. Both sides feel like they are winning and both sides try their level best at handing the other side a loss. Fostering such an attitude can have serious consequences in the long run, especially for any children involved. It is important to remain objective during a divorce and not try to aggravate or taunt the opposing party in any way.
Divorce Litigation Process Is Often Deemed Unfair By The Litigants
In the majority of divorce cases, judges are often too busy or overwhelmed by the sheer volume of cases to hear the specifics of each case. Therefore they find it difficult to manage all the cases fairly. It often happens that things get pushed back and back thus costing more money.
If you or someone you know is contemplating a divorce it is advisable to seek the help of an experienced and competent divorce lawyer to go over the details of your case and suggest the most appropriate avenue moving forward.