What is litigation?

Litigation is an adversarial process where each party obtains independent counsel to either negotiate the terms of their divorce or go into court and argue their client’s position.  Litigation can be extremely time consuming and on average takes anywhere from 1 to 3 years.  Litigation can also be costly ranging anywhere from $15,000.00 to $100,000.00 in legal fees.

When is litigation most suitable?

Generally speaking litigation is best suited to meet the needs and interests of individuals who simply cannot decide the terms of their divorce and would prefer a judge to decide their case.

Factors to be considered when determining if litigation is appropriate:

1.  Cost of litigation – Attorney fees can range anywhere from $15,000.00 to $100,000.00 depending on complexity and level of contention;

2.  Time – Litigating a divorce in court can take anywhere from 1 to 3 years;

3.  Schedule – Courts will only hear cases on their schedule, which may mean time away from work;

4.  Quality of life- Given the adversarial nature of litigation, it promotes stress on all parties involved including spouses and their children; and 

5.  Potential loss of autonomy

Let us help you decide

All divorce cases vary in facts and circumstances and therefore it is strongly recommend that you seek the assistance of an attorney before deciding the divorce option most suitable for your case.  As part of its commitment to assisting divorcing couples in making this decision, this firm offers a free case evaluation.  You can click the below link to submit your inquiry electronically or you can call us toll free at (877) 631-7919.

Free Case Evaluation
Please note that the sole purpose of the Free Case Evaluation is to assist individuals in determining the divorce option most suitable for their individual needs and interests and that submission of any information through the use of any forms contained on this site does not automatically create an attorney/client relationship.