Frequently, when people hear the term “divorce litigation,” they immediately think of a couple, each of them lawyered up, waging a hugely expensive, rancorous, and time-consuming battle in court. While that can happen, that sort of thing doesn’t occur too often.
Divorce litigation is essentially a legal term that refers to the process of carrying out a lawsuit. It’s arguably the most traditional method of divorce, in which two family law attorneys resolve a legal conflict in front of a judge. Remember the example we offered earlier? The fact is that approximately 90% of all divorce cases end up settling out of court. That’s because most people simply want their end of the divorce deal to be fair, whether it’s an alimony agreement or the division of real and personal property.
So, when is litigation required? Usually, it results from one or both parties being unreasonable or if there are disagreements regarding the distribution of assets and debts. Divorce litigation more often results in child custody matters because it is such a personal and emotionally–charged issue. Resolving divorce through litigation is typically a drawn-out process, which can also make things more expensive as opposed to mediation or arbitration. But when you hire an attorney for litigation, you’ve got someone who represents your interests, is able to educate you about the often indecipherable legal process, and let you know when a potential deal is a good or bad move.
Divorces have an enormous effect on spouses, family, and friends. If your divorce is potentially hostile, or you just want to make sure you’re adequately protected, contact TATE BYWATER, Virginia’s choice for family law. Our attorneys litigate at the trial level, along with appellate work at the state Court of Appeals.