Litigation is defined as engaging in formal legal proceedings to resolve disputes. It is the most common option chosen by couples who are divorcing.
Many people mistakenly think that divorce litigation means you automatically end up at trial. In fact, 90-95 % of litigated divorces are settled out of court through direct negotiations between the parties or mediation after a period of fact-finding and gathering of evidence (discovery). Court involvement may be minimal or it may be frequent; it depends on the number and complexity of the legal issues in dispute and the level of conflict between the parties.
Sometimes couples will initially try another option, such as mediation or collaborative divorce, but cannot agree. In other cases, negative and volatile emotions, or issues like domestic violence and child abuse, may make communication and agreement impractical.
Child custody, division of property and debts in complex divorce, and spousal support are usually the most contested issues in many divorces. Litigation can be risky – a judge whose knowledge is limited to what’s presented to him is ruling on matters that could affect you and your family for the rest of your life.
Aggressive vs. Effective Advocacy
Though litigation is by nature adversarial, an overly contentious approach to litigation may backfire, resulting in disappointing court results and prolonging emotional pain and legal fees. A good litigation attorney is not only adept in the courtroom but also an expert negotiator who understands the fine line between aggressive and effective tactics and uses both interchangeably for their client’s best interests.
Aggressive Advocacy – When it’s Appropriate
A few common examples when aggressive advocacy is the best and perhaps only strategy include the following:
- Your spouse is stubbornly sticking to an unreasonable legal position
- Your case involves an imminent threat of or domestic violence or abuse to you or your child
- Your spouse is not acting in good-faith and is, for example, violating court orders, obstructing the legal process, making frivolous allegations, concealing property, etc.
Bo Weintraub is a no-nonsense tenacious advocate and effective litigator when the case facts and legal strategy require it to advance his client’s best interests.
Weintraub Law Office has successfully litigated hundreds of divorce and family law cases. Call us at +1 425 374 4045 or contact us online to request an appointment.