With each party and their attorney advocating for their separate interests, litigation is naturally adversarial. However, Charlotte family law attorney, Lindsey Easterling, and Kathryn Yates, have found that the most beneficial and satisfactory approach to a contested, litigated divorce is to search for common ground and craft reasonable, realistic solutions to which both parties can agree. If an agreement isn’t possible, these reasonable and realistic solutions will often help the client better prepare for the court’s decision.

Litigation involves:

  • Attorneys are recommended for both parties. The court expects that each party, whether they have an attorney or not, to have a full understanding of the court procedures and the law.
  • Recommended use: This is only the best option in rare circumstances. e.g. One or both parties cannot make reasonable decisions for themselves.
  • Effect on Co-parenting: This is an adversarial path and can leave the parties TOTALLY unable to communicate civilly with the other parent during the process and in the future.
  • Control: The Judge makes all of the decisions and imposes those decisions on the parties through a Final Order.
  • Timing: The length varies widely, but can take several years. This process is almost always slower than other options.

A litigated divorce, also known as an adversarial divorce, is the stereotypical divorce often portrayed on television, with lawyers battling to get their client the biggest portion of the marital assets. If you watched your own parents duke it out in the ’70s, ’80s, or even ‘90s, this is probably the first type of divorce that pops into your mind. Below are some of the steps in the litigation process. All of these steps can be reviewed and explained with the help of Charlotte divorce attorney, at Easterling Family Law.

  1. LitigationComplaint for Equitable Division of Property, Post Separation Support, Alimony, Child Custody and Child Support.
  2. Serving the Complaint
  3. Temporary Orders
  4. Discovery
  5. Depositions
  6. Final Preparation for Trial
  7. Trial
  8. Appeal