What is litigation?
Litigation refers to the process of resolving matters in court and negotiating settlements based on what a court is likely to do. Throughout this process, a judge oversees your divorce. The process is adversarial, which means that the divorcing spouses are considered to have opposing interests. While the resolution may include some compromise, the court is required to follow the law.
We do our best to avoid going to court, though sometimes it is necessary.
Court isn’t a purely negative option – litigation can help resolve challenging issues that spouses cannot resolve on their own.
The Process
Every divorce begins with a lawsuit in which one party must file a petition with the court asking for a divorce.
If the other spouse does not contest the divorce, the process can continue smoothly. If there are major disagreements over custody or division of property, then the process becomes “contested,” meaning that the issues may eventually have to be resolved at trial. However, trial is not inevitable for litigated divorces.
What to Expect
Litigation is often time-consuming and expensive. So, we see it as a last resort.
It may take as long as a year to get to trial from the date you first file your petition. In addition, while a resolution reached via litigation may include some compromise, the court is required to follow the law. As a result, litigation typically allows for less flexibility than other potential remedies.
For these reasons, we consider litigation to be a last resort/when all other options have failed. That said, as seasoned divorce litigators, we are fully prepared to litigate your case if necessary.
MYTHBUSTER
The majority of divorce cases are resolved without a trial.
Entering into the litigation process does not mean that you must proceed to trial. Many people don’t realize that your divorce is under your control: you can settle your case at almost any time. Some jurisdictions may even require parties to attempt to resolve their issues outside of the court prior to going to trial (via arbitration or mediation).
Do I need a Seattle divorce litigation attorney?
Should your situation involve any of these factors, an attorney could provide you with vital support:
- Your spouse is being unreasonable. Divorce is an emotional process, and these emotions can reveal themselves in unexpected ways. Your spouse’s feelings may be clouding their ability to see the issue clearly or arrive at a reasonable solution.
- You and your spouse are unable to cooperate. Cooperation can be extraordinarily difficult if your divorce is particularly acrimonious. If you are unable to work together to find a mutually agreeable outcome, litigation may be your only option for getting through the divorce process.
- Your case involves complex issues. Sometimes divorce cases need to go to litigation simply because the parties lack the knowledge and skill to resolve them on their own. For example, if you own a business or some unique assets, issues can arise regarding determining what they may be worth during the divorce. Litigation provides both sides an opportunity to introduce evidence supporting their position to be evaluated by a neutral third party.
An experienced Seattle divorce litigation lawyer can help you through the process and work to see that you get a fair result.
We're Your Advocates
Advocacy is not only about going to court, but also involves negotiating outside of court.
When we can negotiate a solution rather than go to court, you have a great deal more control over the outcome, both in terms of making sure it is acceptable to you and in terms of fine-tuning the details to fit your situation.
A crucial first step when entering litigation is to work with your attorney to outline your goals for the foreseeable process, and to develop a plan for how you might achieve them. Defining your goals is not just a matter of deciding what results you hope for, but of talking about what is realistic, what your priorities are, and what is best going to secure your future.
Our representation includes:
- Championing your rights and the best interests of your family to the court, opposing counsel, and other parties
- Appearing in court as your legal counsel and representative
- Seeking out and requesting all information needed to support your case
- Negotiating on your behalf with the other side
- Preparing all documents needed to secure temporary and final relief from the court or in settlement agreements
- All other services necessary to protect and represent your interests in your family law action
Litigation Attorneys
Nathan Cliber
Creative and Compassionate Transitions
Monica Stallings
Compassionate Advocacy, Collaborative Solutions
Emily Raszler
Navigating Conflict with Empathy and Respect
Mark Alexander
Sound advice, calm presence, clear explanations
Contact a Litigation Attorney Today for a Low Stress Resolution to Your Family Law Matter
We encourage you to take a look at our litigation attorney profiles to find the best fit for your needs. If you are unsure of what to ask or how to look for the right divorce attorney, contact us and we’ll be happy to help match you with the right attorney for your situation.