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
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
Blog
The Causes of the Rising Gray Divorce Rate

Why Gray Divorces Are on the Rise While the overall divorce rate in the United States has fallen, the divorce rate among Americans ages 50 and older has doubled since 1995. Although some of this can be attributed to financial factors, there are a number of other reasons for the rise in what are called…

Read More
Blog
The Division of Retirement Assets in a New Jersey Divorce

How Retirement Accounts Are Divided in a Divorce By the time that many people reach the age of 55, they have a retirement account with a balance of more than $100,000. Some retirement accounts may be far larger. This can present complicated issues during the divorce process as assets must be equitably divided between the…

Read More
Blog
Your First Visit to Your Divorce Attorney

What Happens When You First Meet Your Divorce Attorney The majority of people who are facing the end of their marriage will want to have a lawyer’s assistance. A lawyer is your guide to the divorce process and your advocate who is there to counsel you and to fight on your behalf. Here is what…

Read More
Blog
Divorce Grounds in New Jersey

Legal Grounds for Divorce in New Jersey A little-known statistic is that New Jersey has some of the lowest divorce rates in the country, according to the 2019 American Community Survey performed by the U.S. Census Bureau. However, there are plenty of individuals in the state who are still thinking about ending their marriages. There…

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