Litigation in a family matter is best to be avoided, but not always possible. I am a great believer in negotiated settlements resolving all the issues arising from the parties’ separation or divorce. Settlements create less stress in the lives of the parties and their children. They do not escalate conflict, tend to be better tailored to parties’ needs, are confidential, can be reached much faster than court decisions, and are less expensive. Unfortunately, they are not always possible. When one of the parties displays bad faith by not being entirely forthcoming about his or her financial situation, trying to hide income or dissipate assets, or simply taking unreasonable positions unjustified by the law, litigation can be the only option. No matter how unwelcome it is, litigation may become necessary.
The steps and length of litigation depend on the number of issues to be resolved. It also depends on how complicated the issues are, the level of hostility between the parties, and the level of the court that decides these issues. It is fair to say that litigation almost always takes much longer than the parties would wish it to take. Wait times and delays are built into the court process; court appearances are never scheduled soon enough, and adjournments of scheduled appearances are not uncommon.
Trial is the final step in the family law litigation process. At the trial, the Judge decides any unresolved issues for the parties. The Judge’s decision is final and binding.