Litigation means resolving a dispute in a court of law. When you are dealing with a family law matter like a divorce or a custody dispute, you will need to have some contact with the court system, if only to finalize an agreement you have reached with the other party.

Sometimes, though, a court takes a more active and extensive role in resolving a dispute, and when we talk about family law litigation this is usually what we mean. Most of the time it is best for spouses or co-parents to reach a settlement, with the help of their attorneys or on their own. But sometimes contested litigation is needed to move a case toward resolution.

Contested Litigation in Family Law Cases

Litigation can be more time-consuming and expensive than settlement, and it forces parties to proceed on the court’s timetable, rather than at their own pace. That said, sometimes the structure of the court process is the best way—and sometimes the only realistic option—to proceed.

Litigation may be called for when:

  • One party refuses to engage with, or respond to, the other to address the issue
  • The parties are so far apart in their assessment of the situation that they cannot reach a settlement
  • One party is denying the other access to necessary information or documents
  • One party is unwilling to negotiate fairly or honestly
  • Domestic violence or some other circumstance that makes it unsafe for the parties to be in contact
  • A significant power imbalance between the parties rules out other dispute resolution options
  • There are complex issues in the case requiring court intervention or expert valuation or analysis

Litigation places responsibility for deciding the outcome of the case in the court’s hands. Sometimes it is possible to settle a case during the divorce litigation process. The vast majority of divorces—over 90%—are resolved by settlement. The most complex and highly-contested cases go to trial.

Why Having a Litigation Lawyer Matters

Because most family law cases settle, many attorneys who practice only family law have limited trial experience. That can put their clients at a disadvantage, especially in a contested case where litigating all the way through trial is the only way to achieve a fair outcome. Even when settlement is likely, a litigation lawyer can often achieve a better result, because they are willing to try a case rather than accept a subpar settlement offer.

In a complex or challenging family law matter, it’s not an exaggeration to say that your lawyer’s skill will affect the outcome of your case, and your family’s life, for years to come. That’s to say nothing of your experience of the case. This may be the first time you have ever needed to go to court, and it’s stressful, especially with all that is at stake.

Nothing can make the process easy, but an experienced attorney can make it much easier. I will work with you to:

  • Ensure you understand the court process and what to expect at each step
  • Streamline the legal process to keep it as efficient as possible
  • Draft and file all necessary court documents
  • Prepare for any hearings
  • Advise you of any court deadlines and ensure that they are met
  • Gather and develop evidence through the discovery process
  • Craft a litigation strategy based on your needs and those of your family
  • Assemble a litigation team to offer comprehensive, cost-effective support for you and to meet the demands of your case
  • Analyze potential results for maximum benefit
  • Prepare you to testify in depositions, at hearings, and if necessary, at trial
  • Advocate for your best interests in settlement efforts and at trial
  • Help you deal with any issues that need to be addressed after the case is over, such as transfers of property or finding someone to prepare Qualified Domestic Relations Orders (QDROs)

From the beginning of your case to its conclusion, I will offer you the guidance, support, and advocacy you need in your family law litigation.

Work with a Skilled Divorce Litigation Attorney

Family legal matters are difficult enough. Litigation adds to the difficulty. Since 2002, I have represented clients in highly-contested family law litigation as well as amicable, uncontested cases.

I work to make the litigation process as understandable as possible, prepare you for every step, and reduce your stress.

To learn more about my experience and services or to learn more about family law litigation in Maryland, check out my blog or contact me to schedule a consultation.