Litigation

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Divorce law in court

Litigation is used when two parties cannot resolve the issues of their case through any other means - although almost all litigated divorces settle before a trial. During this process, all decisions are made by a judge in the form of a Court Order. This Order is legally binding, and both parties must comply with the Order as it is written.

The Process

The litigation process begins when one party files a complaint with the Court. The opposing party then has thirty (30) days to file an answer to the complaint. The next step in the process is referred to as discovery. Discovery is the gathering of any evidence that may support a party’s case. Both parties are obligated to provide the other party and the court with all information that is requested. After discovery is gathered, both parties present their case before a judge, and the judge makes the final decisions about the case in the form of a Judgment.

The litigation of domestic relations matters is stressful and can be time consuming and costly. It is generally a last resort for couples who cannot reach a settlement.