Although litigation is usually the most common way that couples choose
to divorce, there are other options like mediation or collaborative divorce
that might be a better option for you. The truth is, there isn’t
a “one size fits all” option when it comes to
divorce, and every divorce case is different. In this blog, we explain when litigation
is a good option and what you can expect to encounter throughout the litigation process.
The Truth About Litigation
A lot of people assume that litigating a divorce means that they will have
to end up inside of a courtroom. However, more than 95% of litigated divorces
end up being settled out of court. Most couples choose litigation because
their divorce is unilateral. This means that one spouse wishes to get
divorced but the other does not. Because couples in a unilateral divorcee
usually disagree on the terms of their divorce, these cases often become
contentious and emotionally charged.
There are also other options that couples might try before litigation,
such as mediation or collaborative divorce. However, if these options
don’t work, litigation is usually the next step. Below are the hotly
contested issues that are often disputed in litigation:
Although litigation can be combative at times, an experienced lawyer can
make sure your approach doesn’t prolong your emotional pain or substantially
increase your legal fees. A skilled attorney can tell you which disputes
to negotiate and which ones to fight back against. This can help you and
your spouse reach a compromise and potentially keep your divorce case
from ending up in court.
What Should I Expect During Litigation?
If your case makes it to court, litigation will be required to reach a
resolution for the issues you and your spouse can’t come to an agreement
on. Sometimes there might be only one issue that needs to be resolved,
while other times there might be multiple issues that need to be hammered
out by your attorney.
During litigation in court, the attorney of each spouse will present evidence
for their side of the case. Evidence that might be used by your attorney
can include witness testimony or written statements, bank statements,
tax returns, life insurance policies, etc. A judge will review the evidence
presented by the attorneys and declare your divorce orders.
Having to litigate your case in court might be risky because the judge
doesn’t know very much about you, your family, and your finances.
Their decision will impact you for the rest of your life, which is a big
risk for both spouses. Because of this factor, you should consult with
an experienced divorce attorney to determine which legal route is best
for your particular situation.
Do you need help with your divorce case? Contact our Annapolis family law attorney
to schedule your free case consultation today.