This is another method that many couples choose when they want to resolve legal issues related to a divorce or separation. In this process, both parties present their cases in front a judge in Family Court, with the judge having the final decision on a number of issues. The judge typically decides on child custody, spousal support, child support and any other financial or property disputes.
With our attorneys, you can help craft a very good case for our lawyers to present at court. No matter how many days the court case involves, our attorneys will argue on your behalf until everything is resolved.
When you are considering taking this matter to court, our lawyers can advise you on how to proceed. If you have certain conditions or stipulations for an agreement, or regarding our conduct towards your spouse, we will take this on board while planning your strategy.
Litigation is often the most appropriate way to resolve disputes that arise during a divorce or separation, especially when:
- When there is a dispute regarding the custody of a child, or the other party’s access to the child.
- If one parent wants to move with their child out of the state’s jurisdiction.
- When a restraining order is filed by one party against the other.
- If one party threatens the other, or indicates that they are willing to abduct the child in order to keep him or her.
- If financial support is not provided by the other side, despite a previous agreement. In addition, if there is any evidence of impropriety during financial disclosures from either party.
- If the issues of child or spousal support are not resolved during mediation.
- The enforcing of support arrears.
- If the safety of the child is at risk from either or both parties.
- A Divorce Order is necessary.