Litigation

In situations where both parties disagree on how to settle their marriage and cannot work together, they can go to court and have a judge decide for them.

Divorce Litigation is the dispute resolution method open to divorcing couples where they will have disputed issues settled in a family court.  Litigation is usually chosen when both the parties do not agree on settlement of finances, custody of children or other division of assets.  Without mutual agreement, the divorce process can begin to be adversarial and emotionally charged.

Occasionally, couples first try another route, like collaborative divorce or mediation yet can’t come to terms. If other extenuating circumstances are involved, it may be too challenging for the spouses to communicate and agree on the divorce terms.

Spousal support, division of marital property, and child custody usually are the hotly contested factors in most divorces.  Although litigation is adversarial, an overly contentious litigious approach will likely backfire and prolong the proceedings, the legal fees will mount and emotional pain may increase as the case likely will wind up in court.  An excellent litigation lawyer is a professional negotiator yet won’t battle over every detail of a divorce. They’ll work to discover the best compromise, and a reasonable resolution which is going to keep the divorce case out of a court of law.

If the divorce goes to court, litigation is utilized only to resolve the problems the couple hasn’t agreed on – for instance, child support. There may just be one problem which can’t be resolved and must be litigated in court, or maybe there are some sticking points which can’t be resolved.

The financial ramifications of the divorce may be devastating. However, with the right planning and professional assistance from experts who specialize in financially equitable divorce settlements, it is possible to boost your odds of reaching a settlement which completely addresses your long-range financial necessities -- and your partner’s, as well.

What is missing in the majority of divorce processes is financial experience. A CDFA® (Certified Divorce Financial Analyst) expert can help predict the long-range effects of your settlement. In utilizing a CDFA® expert, both spouses have a more concise view of their financial futures. Only at that point can they then approach a settlement which completely addresses the financial capabilities and needs of each.

For more information on litigated divorce contact Marriage Financial Solutions at (310) 442-8473.