A divorce/litigation process begins when one of the parties to a marriage files a lawsuit against the other, and then the lawsuit is assigned to a Judge. The adversarial divorce process can be very costly, both financially and emotionally. The Court will require the attendance of both parties and their counsel to attend Court hearings, pre-trials, and conferences as the case progresses through the court system.
The Court encourages the parties to work toward a resolution of their issues; however, if this is not possible, a Judge or Magistrate will hear evidence, listen to testimony and make a ruling in the matter, deciding upon the division of assets, the amount of support and parenting issues.
After many years of practicing in the area of family law, and based on our experience in the litigation area, it is our belief that an Alternate Dispute Resolution Process (that is, Collaborative or Mediated Divorce) is preferable to divorce. Launching into a litigated process through filing a Complaint for Divorce should be a last resort.