There are multiple tools a family law attorney has at his disposal in reaching a client’s legal objectives. I’ll explore and briefly outline over the next few posts various methods a lawyer might use to effect his aim. In this post, I’ll address the course likely most familiar to people—a formal lawsuit.
The filing of a lawsuit in a divorce matter (i.e., a complaint filed at the courthouse involving judges, motions, orders, and the like) does not, in itself, mean that a protracted and expensive process is in offing. There are times when a lawsuit is simply one component of the divorce process. (But, remember, it’s not always a requirement). When a client finds herself in the midst of a lawsuit, or is contemplating that possibility, a good divorce lawyer can use a prospective or ongoing lawsuit as a tool for reaching a hoped-for resolution, even an amicable one. It is also quite possible to use the court system without enormous attorney costs or unbridled emotional fallout. A good and thoughtful lawyer will always use litigation carefully and as a strategic part of an overall divorce game-plan.
Put simply, litigation is one of many legal tools at a lawyer’s disposal but not always necessary (some might say it never is). When litigation is used wisely, however, it need not lead to a client’s emotional and economic undoing. A creative use of the court system by way of formal litigation may very well be the best solution to a broken marriage.
In the next post, I’ll highlight for readers a basic litigation framework and the various steps involved in the process.