Divorce Litigation

Litigation is a process in which parties each seek to “prevail” against the other, by persuading a judge to find in their favor.  In order to do so, each party develops a strategy they believe will best assist them to prevail, and each adopts tactics in the same vein.  In litigation, parties often take positions when they negotiate, rather than explore their respective needs and interests.  Considerable time and sums are expended in the hope of prevailing.  The experience and skill of the litigators, rather than the merits of the case, may materially affect the outcome of a hearing or trial, as can the personality of the judge.  In some instances, where a matter cannot be resolved collaboratively or through mediation, litigation is necessary.