Understanding Your Rights

Frequently Asked Questions About Divorce Litigation And How It Works

Getting divorced is never easy. The process comes with countless decisions and consequences. It also involves the human aspect of feeling like you have invested in something that is now falling apart. All these issues will take an emotional toll on you and make it challenging to make clear-minded decisions. Most professionals in family legal matters recommend that you have a lawyer helping you with the process. Here is everything you need to know about divorce litigation and how it works.

What Steps Are Involved in Divorce Litigation?

There are countless ways to get divorced, but this is one of the options that most people only opt for when everything else fails. The litigation process often involves going to court and laying everything about the marriage bare before a judge. However, it is also possible to have divorce litigation through arbitration and an out-of-court negotiated settlement. Open trial means going through the legal process to get your rights. It is the decision that your lawyer will advise when you have tried other avenues but they aren't working as they should. It is possible for the litigation process to involve all parts of the marriage life, but often, judges pick certain parts of the marriage, like the children, and focus on them. 

Why Is It Advisable to Avoid Litigation?

Most people who offer divorce guidance and support services always discourage their clients from choosing this as an option when separating from their partners. Litigation means that you have gotten to the point of maximum conflict in your divorce. Divorce is typically costlier and more draining when disagreements are involved. The process will also take a lot of your time because it is never easy to fit into a court calendar. Most cases drag for months and bar you from moving on with your life. For example, you cannot remarry during divorce proceedings. The process also destabilizes the children.

When Is It Necessary to Pursue Court Process?

It might be necessary to try the court process when your trust in your partner and their intentions is gone. It is also advisable to choose the court process when the conflict has reached a boiling point. When your partner is in a highly emotional state, they will use the children and property as leverage, and you will need a judge to intervene.

These are crucial things you need to understand about divorce litigation and when to think about it. You can avoid unnecessary conflict by consulting a competent lawyer from the start of the divorce process. 

Reach out to a local divorce attorney for more information.