Litigation

Family Law litigation is the legal process used to resolve family disputes that cannot be resolved by any other means.   When parties cannot agree, they bring their case to court and the court decides on their behalf.  This is litigation. Not every matter requires litigation, but in many cases there are issues that need to be decided by a court or with the assistance of skilled attorneys.

Family Law litigation involves all aspects of Family Law, including but not limited to, establishing parentage, child support, residential time with children, divorce, or legal separation.  Often, Family Law litigation requires experts to support a position such as child psychologists, forensic accountants, real estate appraisers and business valuations. 

Family Law matters are among the most complicated and emotionally challenging issues a person may face. In some cases, litigation is not only necessary, but it is unavoidable. Examples of this include cases where one party refuses to disclose financial details, if children are in immediate risk due to inadequate parenting arrangements, and if there is a history of domestic violence and/or a power imbalance in the relationship that proves insurmountable in other settlement-oriented processes. While most cases settle before trial, it is important to have an attorney who is experienced and knowledgeable about the law and the court system.

Litigation begins by filing a Petition or Motion with the court. Depending on the issues at hand, litigation can last for a year or more. During that time, the parties, through their attorneys, exchange documents and information under court guidelines and statutes, called “formal discovery”. As part of the process, the attorneys identify witnesses, establish what exhibits will be used at trial, consult with experts who will provide reports and testify and craft their strategy to convince the judge to agree with their arguments and position in trial. After a trial, that can last several days, the judge will make a decision, let the parties know the outcome and then enter the necessary documents to complete the matter.

Since Family Law is so personal, it is important to have a trusted legal professional by your side to ensure you are properly represented and protected during the legal process. Our attorneys are all experienced litigators with a deep knowledge of complex Family Law cases.