Litigation

Sometimes the parties to an action distrust each other so much, or are at such odds with each other that several issues must be brought to court for a judge to make orders. Although the courts recognize, as do we, that negotiated settlements are most often preferable, we will zealously represent our clients in court if the need for court orders arises. The most common way in which court orders are obtained in family law is at law and motion hearings. A motion schedules a hearing with the Court where each case has approximately 15-20 minutes to present their requests for orders and the judge makes a ruling without any testimony or evidence.

Some issues are more complicated and the judge will then set the case for a long cause hearing (trial). A long cause hearing involves witness testimony and evidence. A mandatory Settlement Conference is set for the week before the trial date. More than 90% of cases are resolved at the Settlement Conference and the trial date is dropped. Even in the litigated divorce approach, we work diligently to reach stipulated orders with the other side outside of the courtroom. It is usually best for the parties to come to their own agreements.

Our goal in handling your case is to resolve it quickly. Although the expeditious handling of a case requires the cooperation of both sides and the court, we work hard to move a case along in a speedy and efficient manner. We realize the toll litigation takes and the psychological burden it places on parties and children, and you can be assured that we will make every effort to resolve your matter at the earliest possible moment without sacrificing your interests.

We will conduct ourselves in a civilized and courteous manner and will make every effort to defuse tensions, avoid hostility, and maximize the ability of the parties and lawyers to arrive at a fair and reasonable settlement. It is our belief that a negotiated agreement between the parties serves both parties best because it allows the parties control over their lives and allows the parties to “fine tune” the matter between themselves in a way the court often cannot do. The court will never know a case as well as the parties and attorneys do, and it is usually prudent to work out a settlement if at all possible.