Option- Litigation

First, not all cases end up in court in front of a judge, even if you don’t use mediation or collaborative law services.

There are parties with children, separating, or divorcing who continue to be amicable even after the relationship is over and reach agreements on how to handle issues such as child custody, support, or in the case of divorcing couples, property division. For these parties, it is usually just a matter of preparing and getting the paperwork through the court. Some people are even able to just use the self-help centers at the courthouses to finish and get their paperwork through the courthouse without ever needing to speak to and/or pay for a private, professional legal services.

For others, where ending the relationship is more complicated for all sorts of reasons, litigation is the traditional method of handling a court case.

Your other options, which will be discussed in later blog posts- mediation and collaborative are all 100% voluntary. To use the mediation or the collaborative process, both parties need to agree. If parties can’t reach an agreement to use one of these alternative methods, the only way to handle your court case is through litigation. This means at some point you end up in front of a judge who will make decisions on your case.

In a litigated divorce, the judge will make court orders after evidence is presented . The orders can cover all or some of the following- (a) termination of marital status, (b) child custody and parenting plans, (c) child support, (d) spousal support, (e) property rights, and (f) attorney’s fees and costs.

I believe mediation and collaborative are better processes for handling family law matters; however, these options are not right for everyone.

In my experience, litigation is most likely when one or all of the following apply- (a) one side won’t agree to mediation or collaborative, (b) one person needs emergency orders, (c) at least one party has personality traits making it either too difficult, or impossible, to reach agreements without a judge, (d) you don’t believe you can trust each other or build enough trust to go through the process of reaching your own agreements, (e) at least one party is unwilling to be transparent in the process such as refusing to produce documents, (f) at least one party will hide or lie about important information needed to reach fair agreements, and/or (g) at least one party is not comfortable making his/her own agreements and wants a day in court to be heard by a judge who will decide some or all parts of the case.

Keep in mind, if you start in litigation is doesn’t mean you have to stay there. However, in my experience, if you can start with mediation or the collaborative process in the beginning, it is an easier transition than to start with litigation and then try a different approach.

You’ve got options. Research them, think on them, and then pick the path that is right for you!