Divorce Litigation and Family Law

No divorce is the same. Each one has its specific needs or requirements, and there are different routes within divorce that you can follow. These are mediation, collaborative divorce, do-it-yourself divorce, or litigation. You might not know the ins and outs of divorce litigation, which is why we explained it in layman’s terms.

What is Litigation?

Divorce litigation does not necessarily mean you will end up in court. The majority is settled outside the court.  Litigation is necessary when only one spouse wants the divorce.

When it becomes too difficult to communicate (for instance, in cases where there is violence, abuse, or criminal activity), and the parties cannot come to an agreement, litigation is the best option. Bear in mind that divorce litigation is generally more expensive than settling without taking it to court.

If you have an issue that you could not resolve, it needs to be litigated in court. However, courtroom litigations are risky. A judge does not know you or your family, and is making decisions about your money, children, and property. Try and resolve your disputes beforehand, as it will not only save you a lot of money, but perhaps a lot of tears as well. 

How Does Family Law Work?

Divorce law has changed over time. Traditionally, fathers retained custody of their children. But, after the Civil War, mothers were given presumptive rights to their young children. Previously, the parent who received custody had sole decision making concerning the care and upbringing of the child.

This has changed over the years, and both parents now have equal rights (if there is no child abuse or negligence involved). It is normally the noncustodial parent who needs to pay child support. Should he/she neglect to do so, the custodial parent has the right to request the court to enforce its power. 

Family law has grown beyond the boundaries of marriage, divorce, and child custody and support. Artificial insemination, invitro fertilisation, surrogacy, and embryo transplantation have created new legal questions and disputes in family law, and so, it has become more complex.

Children and Divorce

When a child is involved in a divorce, there is, of course, increased tension between their parents, which will not go away after the process is completed. The court will look at the best interest of the child. If family mediation is needed, it would be in the best interest of all involved to follow this route. 

The court will look at many factors in determining the outcome of issues in a divorce case. Make sure you are making the right choices, and that it is in the best interest of your child. Your personal emotions should not play a role when it come to the wellbeing of your child.

If you want to get a better understanding of the divorce process, litigation, or family law, contact us, and we will gladly answer all your questions and help guide you along the way. Divorce is never easy, but the more information you have, the better. Make an informed decision, and let us help you with any legal assistance you may need.