Going to court is the most aggressive approach to resolving divorce disputes, and in some cases, this is the only way to protect your rights and interests. When one party is being unreasonable and is unwilling to compromise, litigation becomes necessary. This may happen, for example, in cases of child custody disputes or refusal to pay appropriate spousal support or child support.
Once a lawsuit is filed and a court date set, your attorney goes about preparing your case. The process of “discovery” begins, whereby each party provides details about finances, assets, retirement accounts and other financial matters. Parties are required to share detailed documentation such as tax returns, bank statements, paycheck stubs, and other financial records. Discovery may also involve information related to custody of the children and any marital misconduct committed by either party.
Represented by his/her attorney, a party may be questioned under oath by the opposing attorney at a “deposition” prior to trial. Family members, friends, business associates or others who have relevant information may also be questioned. Depositions are recorded by a stenographer who later transcribes what was said into a typewritten document.
Preparing & Going to Trial
At this stage, it is critical for your attorney to prepare thoroughly for trial. The outcome of your divorce case very much depends on the information presented in the courtroom, as well as the compelling manner in which it is presented. The information revealed through discovery is used by your lawyer to build or defend your case.
The attorneys at Close Smith Family Law are experienced litigators who never cut corners. Our lawyers work diligently to prepare your case and will be your strong advocates in the courtroom.