What Is Family Law Litigation?
Family law litigation is a way of resolving family disputes in the justice system. The justice system consists of an organized group of tribunals and courtrooms that deal with legal matters and resolve conflicts.
The Family Law Act says that parties to a proceeding may apply to the court for an order or judgment if:
They cannot reach agreement on a family law issue by themselves. In some cases, the courts will get involved even if the parties have not applied for a court order. This is called a contested application.
In other cases, one party to the family law dispute may ask the court to resolve an issue without applying for a court order or judgment from the judge. These are called applications for an uncontested order.
Deciding family law issues through court litigation may be expensive and stressful. Some people choose to try mediation, which means they work with a third party to reach an agreement independently without going before a judge in court.
When Should Litigation Be Used To Resolve A Family Law Dispute?
Litigation should be used to resolve a family law dispute when the parties cannot reach an agreement through negotiation, mediation or collaborative family law processes
The court process can be very costly and time-consuming; it may also be emotionally draining for you and your children if there are children involved.
Before going to court, you should think about whether there are alternatives that will resolve your dispute without a trial. In some cases, continuing with litigation may not be in the best interests of the children if the topic is contentious and will require a lot of time from all parties involved
Because most Family Law Court matters result in a settlement before trial, it is important to understand the strengths and weaknesses of your case early on. This can allow you to obtain a Court order much quicker and cost effectively.
Contact Lloyd & Kemper in Durham for Expert Representation in Family Litigation
Each family law matter is different and has unique considerations. It is vital that you receive expert representation to guide you through the legal process and ensure your rights and best interests are protected.
We will supply a consultation to discuss your case, options and potential strategies so you understand your rights moving forward.