In an ideal situation, both parties amicably agree to a divorce, settle on all the terms, and move on with their lives. This however, is not always the case. Divorce can be fraught with volatile emotions that can make negotiating, even communicating, nearly impossible. This can even be exacerbated when there are children involved.
In instances in which a couple cannot get on the same page, the divorce usually moves to litigation. That is, the couple has forfeited their opportunity to find agreement and a judge will now preside over the divorce, its terms, and the final decisions.
Litigations can be a necessary process to complete and move on from a divorce. They're adversarial in nature, with many steps, requirements, and procedures, and call for the counsel of a diligent Monmouth County divorce lawyer. Call The Law Office of Darren C. O'Toole, LLC for an initial consultation and a healthy start to this process.
"Litigation" is a legal term meaning 'carrying out a lawsuit.' The traditional divorce and most common is the "litigated" divorce. This by no means is a suggestion that the outcome of your case will ultimately be decided by a Judge at the conclusion of a Trial. In fact, a very small percentage of divorces in New Jersey actually go to trial.
The best attorneys will always strive to come to a favorable settlement with the other party. But if they can't come to a reasonable settlement or if the other party is completely unreasonable then, unfortunately, going to court, or threatening to do so, might be the only way to resolve these issues.
In many cases, the decision to divorce is unilateral –one party wants the divorce and the other does not necessarily want to proceed with a divorce. That, by its very nature, creates an adversarial situation right from the start and often disqualifies mediation and collaborative divorce, since both methods rely on the full cooperation of both parties and the voluntary disclosure of all financial information.
More so than other divorce resolutions, litigation has a number of stages and requirements the couple must go through. Because they cannot agree on terms, each party must prepare thorough documentation and arguments to present the judge overseeing the trial.
The litigation process consists of:
Like criminal trials, appeals are usually possible in divorce litigations if one party feels they've been misrepresented or misunderstood during the trial process. Our team is well-versed in each of these steps and knows how to navigate even the most devastated clients to a favorable outcome.
Weigh divorce options carefully. The bottom line is that every family, and every divorce, is different. Obviously, if you are able to work with your spouse to make decisions and both of you are honest and reasonable, then mediation or the collaborative method may be best. But, if you have doubts, it is good to be ready and prepared with an attorney experienced and capable of litigating your divorce.
Along with being adversarial and involved, litigations can, unfortunately, be long. Couples often become frustrated and emotionally exhausted by the process. This is normal, but in these cases, it's critical to be able to lean on vigilant legal counsel to see the litigation through to a resolution. At The Law Office of Darren C. O'Toole, LLC, this is the kind of sensitive, but assertive service we've built our reputation on.
If you are about to move on to divorce litigation, contact our experienced Monmouth County litigation lawyers today.