In divorce litigation, each party’s attorney handles all communications and correspondence, and coordinates the exchange of documents and information needed to complete your divorce. The litigation process may lead to a trial, which finalizes the dissolution of marriage and determines all issues in the divorce. Trials are not mandatory. In fact, absent limited circumstances, King County requires that all parties to a divorce proceeding participate in alternative dispute resolution to encourage settlement prior to a trial.
how does a divorce litigation work?
Divorce litigation often involves the following phases:
- Discovery to exchange documents and information, informally or formally. A formal exchange may include requests for responses to questions, production of documents verified under oath, and depositions.
- Engagement of financial experts to conduct a formal valuation and/or economic analysis of certain property interests or income sources (often applied to businesses and more complex compensation structures).
- Engagement of child experts to conduct parenting evaluations and make recommendations to the trial court regarding sharing residential time.
- Pre-trial court proceedings to request temporary financial or residential orders, to force the formal exchange of documents and information, and to attend to court set hearings before a trial.
does litigation mean going to trial?
The litigation approach does not mean a divorce will end up in court. In fact, a majority of divorce cases settle prior to trial. The boundaries and parameters of a court process and the laws involving how the court may divide assets and liabilities, set support, and determine residential time with children inform the divorce process. As with any approach, litigation provides full disclosure and supported analysis of all components of the family and its assets and liabilities.
is litigation the right choice?
Litigation is appropriate in many circumstances, and is the most common method of resolution in cases involving disputed property division (including differing opinions of property values and business valuations), complex parenting issues (such as disagreements over the division of parental time due to work schedule, restrictions necessary to protect the children, or the special needs of a child), or instances where one party does not want a divorce.
our litigation professionals:
Pulling from her rich background of experience, Alexandra (Xana) provides outstanding advocacy and counsel to family law clients.
With over 20 years of experience as a family law attorney and litigator, Alexis is a Founding Principal at Strata Law Group.
Shannon works diligently with each client to identify their goals, which ultimately shapes and drives the strategy of their representation.
Call today to schedule your initial consultation – (206) 682-6826