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How Divorce Litigation Works And When Is It Necessary?

Posted by Unknown | Oct 01, 2020 | 0 Comments

how divorce litigation works and when is it necessary

Drama-Free Divorce exists to assist those seeking clarification about "how divorce litigation works and when is it necessary?" Affordable financing solutions with rates as low as $500 per month are available to residents in Missouri and Kansas. Our fee structure is transparent so there will never be any unpleasant surprises, taking our help can alleviate courtroom stress.

In this comprehensive guide to divorce litigation, we'll explore its world and its many complexities - what it is, when and why legal assistance may be necessary, and when seeking representation may make all the difference for a case. Additionally, we provide tips on when and how to seek legal aid - perfect if you're contemplating divorce or simply curious about its process! If this topic intrigues you or provides insight, read further for valuable insights!


What is Litigation? 

Litigation refers to the legal system's process for resolving disputes through civil court systems - in terms of divorce, this means turning to courts in order to navigate through all the complexities surrounding marital dissolution.


When is Divorce Litigation Necessary?

Divorce litigation becomes necessary when spouses cannot reach an amicable agreement on key issues such as child custody, property division, alimony payments, or debt allocation. Litigation provides a structure that ensures both sides are heard while decisions are made according to law.


How Does Divorce Litigation Work?

Now, let's dive deeper into the mechanics of divorce litigation. This multi-step process can be time-consuming and emotionally draining, yet has to happen for legal proceedings to proceed smoothly.

  • Filing the Complaint: Divorces begin with one party filing a formal complaint outlining their reasons and desired outcomes for divorce proceedings.
  • Serving the Respondent: Once served with the complaint, their spouse (the respondent) has a set amount of time in which to respond.
  • Discovery Phase: Here lies the crux of litigation - both parties gather evidence, request documents, and answer any queries in an act known as discovery.
  • Negotiation or Mediation: Couples in litigation may seek out mediation or negotiation as an alternative way of settling their differences outside of court.
  • Trial: When negotiations fail to result in an amicable resolution, the case goes to trial where a judge decides on any unresolved issues.
  • Final Decree: After the trial is completed, the court issues a final decree outlining all aspects of the divorce including property division, custody, and support arrangements.


Do I Need to Attend Court if I Litigate My Case?

No. While divorce litigation typically entails legal proceedings, not all cases end in courtroom showsdowns. Instead, many can be resolved through negotiations, mediation, and settlement conferences. But being prepared for trial should the necessary resolution not come through alternative means is crucial.


Why is hiring a divorce attorney better than going without?

Experienced divorce lawyers know their stuff when it comes to helping with custody disputes and family law. Hiring one may often be a wise decision. Here are a few reasons:

  • Legal Knowledge: Attorneys possess in-depth knowledge of divorce laws and procedures, so they will effectively protect your rights during the divorce process.
  • Objective Advice: They offer objective advice that can assist in making informed choices in an emotionally charged environment.
  • Attorneys possess extensive negotiating expertise and aim to achieve favorable outcomes for their clients.
  • Paperwork and Legal Procedures: Our professionals oversee complex paperwork and legal procedures with ease, eliminating costly mistakes.
  • Courtroom Experience: Attorneys possess the necessary experience in representing their clients in court proceedings.


When is it the right time to hire an attorney?

Timing is of the utmost importance. Therefore, consider hiring an attorney:

  • Negotiations break down and disagreements persist.
  • If your spouse has hired an attorney, it is advisable that you confer with them.
  • If there are complex assets or custody disputes.
  • If you are uncertain of your legal rights and options, consulting an attorney may be in your best interests.


What criteria must I follow to choose an attorney?

Selecting an attorney of sufficient caliber cannot be overemphasized, here are a few key points:

  • Experience: Choose an attorney with expertise in divorce cases.
  • Communication: Find someone who communicates clearly and keeps you updated.
  • Empathy: Attorneys with empathy can provide invaluable support during times of emotional stress.
  • Understanding Cost: Be certain you understand all costs related to hiring an attorney and that they fit within your budget.


Why Choose Drama-Free Divorce?

Drama-Free Divorce meets every criteria. Our experienced divorce lawyers provide compassionate communication and support throughout the entire process of filing for divorce. We recognize how devastating divorce can be emotionally, that is why our goal is to assist in navigating its complexities while simultaneously making you feel understood and heard.


Suggestions for Action

Now that you understand divorce litigation, take these steps:

  • Self-Assessment: Examine your situation to ascertain whether litigation is necessary.
  • Consultation: Speak to an attorney regarding the available options if necessary.
  • Accumulate Documents: Gather all relevant personal and financial documents.
  • Open Communication: Maintain a respectful and open dialogue with your spouse.
  • Consider Mediation: Explore your options for negotiation or mediation.
  • Select an Experienced Attorney: If litigation seems like the best solution, be sure to choose an experienced lawyer.
  • Emotional Support: Reach out for emotional support from family members, friends, and therapists for emotional assistance.
  • Financial Planning: Get ready for life after divorce by starting to plan for its financial implications now.

Divorce litigation is the legal process used when spouses cannot settle their differences amicably. While it may seem intimidating, having an experienced attorney on your side can make all the difference. You have options available to you and with some careful thought and advice, can successfully navigate this difficult chapter of life. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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