Litigation

Traditional litigation involves the filing of the case, the discovery process, court appearances and trial if settlement cannot be reached. Unlike the collaborative process and mediation, the litigation process typically takes longer because of overloaded court dockets, is more expensive and fails to reduce conflict between parties and families but often is the only option available when you have an uncooperative and aggressive opposing party. Advantages of litigation include the ability to issue subpoenas for information that is not readily available or if the other side refuses to tender the documentation. Litigation allows for the full discovery process fulfilling your obligations to dutifully investigate. Litigation provides security that a Judge is there to make a ruling if someone is being unreasonable, not paying support or following orders, etc. Litigation provides secure deadlines for establishing division of marital property and support. Litigation is used in the majority of cases as most attorneys practice only using this method but each person should look at all of the options available to them in order to best suit their needs.