Litigation is the word that depicts the process of going to court and fighting for what you are entitled to. It is a lawsuit in progress. If you are in a legal proceeding, you are in litigation. It includes the entire court process, from the filing of the case until the judge reaches a decision.
Most people are surprised to learn that less than ten percent of all divorces ever go to trial. The other ninety plus percent settle before trial.
Litigation is an organized, dignified, and formal process that exists to protect your rights. It may not be perfect, but is sure comes in handy when everything else fails.
Those who enter litigation want something their spouse will not agree to give them. The role of the court is to conduct a trial to determine which partner will get their way. For most of us, it is a last resort and for some it is the only game in town.
If your partner is challenged when it comes to compromising, whether they are mean, overly stubborn, emotionally unstable, or simply have an exaggerated sense of self-entitlement, you will most likely be required to litigate (go to court) to get the deal you deserve.
Troublesome spouses can only see their side of the argument and do not have the tools to minimize conflict and settle out of court. While this is unfortunate, it is precisely why we have divorce judges and courtrooms.
Going to court should be your last resort.
Litigation can be costly. It requires the parties to gear up for a trial, routinely spending months (and lots of dollars), in preparation. Some couples cannot afford to litigate and some cannot afford not to litigate.
Litigation only makes sense when there is a genuine need for it – when it is the littlest of all evils. If or when the time comes, we are confident you will know exactly what you have to do. Whatever your choice, we hope to be right there alongside you.
We bring out the artillery, however, we want to make sure that you have the opportunity to explore your non-court alternatives. Either way, we are with you all the way.