Neither Side is Willing to Compromise. Trial? No Trial?
It is important to know that litigation does not mean you will necessarily go to trial. However, it does mean that neither side is willing to compromise and that may result in needing the assistance of the Court in coming to a resolution.
At Julie Mack & Associates, our attorneys are seasoned litigators who possess very different styles for you to choose from. It is imperative to have a very skilled negotiator and advocate in your corner when involved in a litigated family law case, because these matters can be difficult to navigate independently due to the level of emotion involved.
We are highly experienced in all aspects of family law litigation, including:
- Child custody
- Visitation
- Child support
- Spousal support
- Complex property division
How Divorce Litigation Works
When divorce proceedings require litigation, each person (or party) typically chooses an attorney to represent him or her for the duration of the divorce process. When both parties are represented, all communication takes place between the attorneys, not the parties. Through their attorneys, the parties will exchange financial documents, also known as the “Preliminary Declaration of Disclosure.” This exchange is intended to fully disclose each party’s income, assets, and debts. Depending on the circumstances of each case, there may be the need for the exchange of additional documents, which can be accomplished through the use of requests for production, interrogatories, depositions, or subpoenas. It may also be necessary for one or both of the parties to file motions regarding issues that arise in the case. Once each party feels satisfied with the level of disclosure from the other party, the parties and their attorneys will attend a “Mandatory Settlement Conference,” where the parties will try to reach agreements regarding the unsettled issues in their case. Any issues left unresolved can be dealt with at trial, a date for which will be set after the Mandatory Settlement Conference. Even when a case is litigated, it is always possible to reach an agreement on some or all of the issues in a particular case without the Court’s assistance, and this can occur at any point in the above-mentioned process.
Getting Started with Divorce Planning
Divorce can be very frightening and stressful and we are very sensitive to this truth. Because many people have trouble making decisions for the future when under such stress, we are here to help them think through their options and consider all the issues involved by starting off with divorce planning. Our forward thinking is one of the reasons we are so successful.