Litigation

This used to be the most common method of obtaining a divorce. Each spouse has an attorney represent them in court and their attorney argues their case to the judge.

Litigation is effective when:

•  One spouse wants to divorce, but the other spouse refuses to cooperate.

•  Other methods of resolving the divorce have failed.

•  Temporary support is needed.

•  Protection orders or restraining orders need to be put in place.

Litigation is expensive and increases hostility between the spouses, so more and more people are exploring other options. Particularly since over 95% of litigated cases settle without going to trial. The other methods, such as mediation and negotiation, allow you to settle without the expense and hassle of litigation.

FAQ’s

What is the average cost of litigating?

It depends on the complexity of the issues, and the level of conflict between the spouses. The average costs of attorney fees can be $10,000 or higher per person.

Will I be able to tell my side of things to the judge?

At pretrials and initial hearings the clients usually wait in the hallway while the attorneys meet with the judge.

How long does a litigated case take?

Six to eighteen months, sometimes longer.

What if one spouse is narcistic or has mental health issues?

It can exacerbate the litigation process. Consider mediation.

What are the main differences between mediation and litigation?

1. In litigation, a judge thinks they did a good job if both parties are dissatisfied because it means they were neutral. In mediation the goal is for both parties to be satisfied with the results.

2. In mediation people work together to obtain results they work for each of them and their family. In litigation the couple works against each other which minimizes the available options and possibilities.

3. Many litigated cases are settled on the day of trial to avoid trial, under much duress.

Frequently, people regret their decisions the following day, but they are stuck with the results. In mediation, you have ample opportunity to reflect upon your decisions before anything is final.

To learn more about the Litigation process or to be sent our chart of legal options,

please click Contact Us below or call Laurie at 440.724.3197.

Laurie is a divorce attorney and mediator with an office in Independence, Ohio serving family law cases in greater Cleveland, and the counties of Cuyahoga, Summit, Lorain, Lake, Geauga, and Portage.