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Law Office of
Andrea Vacca
Matrimonial and Family Law
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Divorce Options
LitigationThe traditional approach to settling disputes is litigation.In some cases because of the situation between spouses, Litigation may be necessary. This may be the right choice in cases where one party is unwilling to share information or actively hides it, or when a settlement can't be reached through other means. How Litigation Works With litigation, each individual hires an attorney to represent her or him regarding the matters in question. For divorce, these typically include the valuation and division of assets, a determination of the liabilities, custody and the allocation of time for each parent with the children, and support whether that is maintenance or child support. While attempts to resolve the case amicably are made, court intervention will be sought if the parties cannot reach agreement. In litigation cases, the attorney begins the representation process by gathering as much data and documentation as possible - there are several client meetings and, when the client has exhausted the available documentation, the attorney then makes formal requests of the other attorney for documentation to supplement what has been provided. The attorney and client request business, real estate and pension evaluations as may be necessary. Copies of tax returns, credit card statements, bank statements and monthly bills are provided so that each party can present an accurate financial affidavit to the other of income, expenses, assets and debt. Often, parties can reach an agreement regarding the division of their marital estate based upon these disclosures. If additional information is required, or if one party believes the other is withholding information, then subpoenas may be served upon businesses, employers or others to generate that information. Often, depositions - which are transcribed interviews of potential witnesses - are scheduled and conducted to supplement missing information. If the parties still cannot arrive at an agreement after all discovery is exchanged and gathered, they may ask a judge to conduct a trial and make a ruling on the issues in dispute. While a court of law is not the ideal place to make decisions affecting your family, sometimes it is the only option left if the parties cannot agree. |
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