Blog

What Does Family Law Litigation Mean?

Before getting into what family law litigation means, it is helpful for readers to understand the general definition of litigation. Litigation is the process of addressing disputes by filing or answering a complaint through the court system. Consequently, a litigator is a trial lawyer who represents clients in a court of law.

So, family law litigation is simply the process of handling disputes between people going through divorce and the issues that come with divorce. Family law litigation also can include post-divorce disputes. And, it can include disputes between people who are not married but are in a relationship akin to marriage.

Every issue usually does not need to be litigated during a divorce, but there are matters that commonly have the need for aggressive and strategic litigation, such as:

  • Custody and parenting time
  • Relocation of children
  • Business valuation as it related to equitable distribution
  • Retirement as it impacts alimony
  • Cohabitation as it impacts alimony
  • College contribution
  • Child support in excess income cases

Many divorce cases include some form of litigation. The exceptions are for those parties that decide to mediate their cases, or those who enter into a collaborative process. For the former, I aggressively advocate for all my clients, no exception. However, I do see similarities in cases that require extraordinarily aggressive litigation strategies. These cases tend to involve celebrities, high-profile clients, and high net-worth individuals. Additionally, and unfortunately, aggressive litigation is the only option when dealing an unreasonable spouse or adversary.

Complex Family Law Litigation

Lawyers will sometimes use the phrase “complex” litigation. This can mean different things to different people. With regards to family law, I simply define complex litigation as having the need to bring in an expert witness to opine and subsequently testify on an issue in dispute. In family law, I rely on different kinds of professionals and experts depending on the issue and the complexity of it.

Types of Complex Family Law Litigation Experts

  • Child psychologists
  • Forensic accountants
  • Appraisers – real estate, personal property
  • Employability experts

As a litigator, it is my philosophy to prepare every case as if it is going to trial. A clear message must be sent that if one side is unreasonable, unrealistic or defiant, you will be ready to present and prove your case to a judge. Since most cases, ultimately, do not go to trial, it is my goal to be most prepared to settle with terms most advantageous to my client. My preparation includes intimately knowing the details and facts of the case, applicable law, trial procedures, and rules of evidence.

When the gap between respective settlement positions justify the time and expense of a trial, I am fully prepared for direct and cross-examination of all witnesses as well as have a full understanding of expert reports, their methodology and conclusions.

For more information or if you have questions regarding family law divorce, please contact me.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
When Should You File for Divorce?

Can Timing Affect Your Divorce Filing? When people decide to divorce, they may be tempted to file right away to begin the proceedings. After all, the faster the papers are filed, the more likely it is that the divorce will be finalized quickly. However, it is important to remember that divorce is not only a…

Read More
Blog
Divorce Negotiations and Stock Options

How Executive Compensation Could Affect Your Divorce Settlement For New Jersey couples with significant financial assets, several contentious issues may arise during divorce negotiations. Property division and alimony decisions can be affected by various types of assets and compensation, including non-traditional income such as executive compensation or employee incentives. A New Jersey divorce lawyer can…

Read More
Blog
When Does Domestic Violence Law Apply in NJ?

Domestic Violence in New Jersey Family Law Domestic violence is a serious concern that poses a major threat to the health, lives and welfare of New Jersey residents, and it can be an important issue in family law matters. New Jersey’s state law on domestic violence, the Prevention of Domestic Violence Act, is intended to…

Read More
Blog
Key Tasks to Deal With After Divorce

What to Do After Your Divorce Divorce in New Jersey can be a challenging experience on multiple levels, from negotiating or litigating a solution to dealing with the emotional fallout. However, there are also important practical steps for you to take after your divorce in order to prepare for the future. These are some of…

Read More
Blog
How New Jersey Courts are Handling Litigation

COVID-19 Brings Changes to Litigation in New Jersey  The COVID-19 pandemic has changed many aspects of life in New Jersey, and the courtroom and litigation processes are no exceptions. If you are considering a divorce, you may wonder how the pandemic might affect the scheduling and process of your case. Some of the changes that…

Read More
Blog
Changes to New Jersey Court Proceedings

COVID-19 Brings Changes to Litigation in New Jersey The COVID-19 pandemic has changed many aspects of life in New Jersey, and the courtroom and litigation processes are no exceptions. If you are considering a divorce, you may wonder how the pandemic might affect the scheduling and process of your case. Some of the changes that…

Read More

Disclaimer and information can be found here, including links to descriptions and selection methodologies. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Call Now ButtonCall Us