LITIGATION

In the old days (40 years ago), divorce clients were at the mercy of the judicial system as there were few if any options to full-blown, no-holds-barred litigation.  This method is expensive, lengthy and exhausting for everyone involved.  The litigants have relatively little control over the outcome and their attorneys must go to the ends of the earth to prove their case to the Court.

If you and your spouse cannot settle your case, it will go to trial. At trial you each tell your story to the judge. It is told through your testimony, the testimony of other witnesses, and documents called exhibits.

Trial will be expensive (both from monetary and emotional standpoints). However, it can be the only alternative to never-ending, unreasonable settlement demands or a party's refusal to negotiate in good faith. Still, trials are risky. No lawyer can predict the outcome of a trial because every case is different. A judge -- a stranger who likely has a viewpoint, temperament and values very different from yours -- unilaterally decides how you and your spouse are going to rearrange your lives, divides your income and assets, and dictates when each of you may see your children.

Sometimes, a trial does not end the case.  Multiple appeals are possible (both in the trial court and in the appellate courts).  Appeals even more time and expense to the divorce process and are difficult to win.

"So what are my options if I don't want to go through litigation?"

Over the course of the last 10 years, the evolution of Alternative Dispute Resolution (“ADR”) has given us specialized techniques which are collectively known as "Alternative Dispute Resolution" or "ADR".  All of them are available to help efficiently and expeditiously resolve dissolution of marriages, custody disputes, division of property, responsibility for debts, visitation and parenting issues, etc.  In all likelihood, one of these methods is right for your situation.

Learn more about:

Mediation
Arbitration
Collaboration

Other important reading:

Choosing a Family Law Attorney
Controlling Legal Costs
What Lawyers Do
What Happens in a Divorce?
Dissolution Flow Chart (PDF)
Divorce Manual - A Client Handbook (PDF)