Litigation is the term used for an legal action between two parties who disagree about an issue. Divorce litigation goes through the family court. Even if you have no children, this is where your divorce will take place if you choose litigation because you cannot come to an out of court settlement. You both will present the facts of your case in regard to where you disagree. Your attorney will try to explain why the choice should be made as to what you want, and your spouse’s attorney will try to present their case as to why what their client wants is the best case scenario.
The judge will NOT will listen to all the emotional baggage and the he said/she said nonsense that people often imagine goes on in divorce court. Judges have very little patience with adults who feel the need to bring their private business in front of the divorce court, especially when it’s small trifling issues like who gets Grandma’s China or the golf clubs. These types of things need to be decided without court.
Typically the main issue in question during divorce litigation are matters of custody and money. Child custody is a very acrimonious situation in some divorces, especially if no obvious main parent emerges. Money is also at issue depending on the incomes of the parties involved and whether spousal support and child support are necessary. In most cases of custody the standard automatic is joint custody with the lesser earning parent receiving some form of child support based on a court order.
Knowing that there are standard awards before even embarking on litigation it might make you second guess your choice of trying to get justice done in court. Justice is never done in divorce court. Not ever. The reason is that usually no one has committed a crime, and it can be very hard to prove to a judge that anything but the standard judgments should be made in your case. In any case, during divorce litigation both spouses present their side of the argument, using witnesses such as child psychologists, financial experts, and other witnesses depending on where the disagreements lie.
Divorce litigation is one of the most expensive ways to do a divorce. The litigation can take many different appearances in court. Sometimes expert witnesses must be paid. Plus you and your spouse will have to miss work to appear. Worst of all, your children will likely be dragged into the entire nasty proceeding making them feel responsible. No matter how many times you tell your children nothing is their fault, when they are called to the stand to tell on Mommy or Daddy they will feel responsible. It’s hard to avoid this, especially with older children, if there is a custody dispute.
Finally, the main thing to know about divorce litigation is that you want to avoid it at all costs when possible. If you and your spouse can use mediation, collaborative divorce, cooperative divorce or some other method and agree without bringing a stranger into your personal lives you’ll come out way ahead in terms of both the settlement and the cost of the settlement.
Contact the divorce attorneys at Kulerski and Cornelison today to get the information you need to make an informed decision and find out more about our divorce litigation services!