Divorce litigation: what to expect when your case goes to court

Divorce is one of life’s biggest transitions. On top of personal and financial uncertainty and changes, you may also be interacting with the court system for the first time. 

The good news is that most divorces don’t go all the way to trial. Many cases are able to be resolved through alternative resolution methods, like negotiation, mediation or collaborative divorce. 

Still, some divorce cases do require litigation. This is especially true in high-conflict divorces or cases that involve complex financial issues, domestic violence, addiction, mental health and/or contested custody matters.

If your case is one that needs litigation, understanding what’s ahead can make the process feel less overwhelming and more manageable.

What does litigation mean in divorce?

Litigation is the formal, legal process of resolving a dispute in court. In divorce litigation, this means that a judge will review evidence from both parties and apply the law of the jurisdiction to resolve the disputed issues, including issues relating to:  

• Property division
• Financial support
• Child custody

Divorce litigation: The step-by-step process

Every divorce case has its own circumstances, but most — even though the process can vary from state to state, and sometimes on a county level — follow the same general steps: 

1. Filing the divorce case

The first step to divorce is one of the parties filing a document called a “complaint” in the court of the appropriate jurisdiction. A family lawyer can help you navigate when to file, where to file and how to give proper notice to the other party of the legal action.

2. Conducting discovery

Once the case has started, each side has the opportunity to gather evidence through the “discovery” process.. Evidence in divorce cases may include: 

• Records, e.g., account statements or tax returns 
• Witnesses to support a particular claim 
• Subject matter experts to help evaluate particular issues

Discovery helps each side gain a greater understanding of the issues and promotes transparency and a level playing field in both negotiations and trial.

3. Attending pretrial hearings and motions

Before getting to trial, the judge may hold one or more hearings on a variety of issues. Sometimes the hearings are procedural, e.g., a “Scheduling Hearing” which helps the Court ensure the litigation process moves forward in an orderly way. Other times, a judge may schedule a hearing on a substantive issue, e.g., whether a custody evaluation needs to be ordered or whether a party is entitled to pendente lite child support.

4. Attending trial

If no settlement is reached, your case will proceed to trial. A trial is where both sides present evidence to the Court, including documents and witness testimony. There are very specific rules about evidence, which is why it’s critical to have an experienced family lawyer representing you to ensure that your case and the relevant evidence are presented strategically and so the court has the relevant information to make a decision about your requests for relief. 

5. Judgment

Following the trial, the judge will review all of the evidence and consider the law of the jurisdiction to make a ruling (a decision about the case). For example, a judge must consider the best interests of the children when deciding on custody. The judge then issues a final divorce decree that sets the terms for the divorce, including any rulings on property, finances and custody.

Managing your divorce litigation

Divorce litigation can be a long and difficult process, taxing your time, finances and emotions. An experienced family lawyer will help you understand your rights, develop a clear strategy, and  and help safeguard your and your family’s future. Hiring a  skilled, experienced divorce lawyer can provide:

• Strategic preparation: Your divorce lawyer can help you build a strong case based on available evidence and legal arguments that support your preferred outcomes.
• Holistic support: A good family law attorney will offer resources, like vetted experts and professionals, to help with the case as needed.
• Deep experience: With nuances varying from case to case, experienced divorce litigators can make a significant difference in the outcome of your divorce.

Are you facing divorce? Tucker Family Law has offices in Northern Virginia, Maryland and Washington, DC, and we have accumulated experience and knowledge that helps us work with our clients in the most complex, high-conflict, high-asset divorce cases. Schedule a consultation with our experienced, compassionate litigators who know the process inside and out, or give our office a call.