Tools of the Trade

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.

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Disclaimer: The information contained in this website has been prepared by the Law Firm of David Christopher Herring, PLLC. The website and its blog are intended for informational purposes only and are not, in any way, considered legal advice.

Charlotte Divorce Lawyer and Mediator