Litigation, A Court Based Approach to Divorce

Divorce litigation is very different from alternative dispute processes.  It is driven by the court system and is typically a lengthier and more expensive process.  Litigation is not based on you and your spouse working toward the common goal of an amicable resolution. It is based on a focus on each party’s position on the issues.  Litigation may make negotiating a settlement more difficult due to the natural increase in conflict that is often the result of the litigation.  Litigation, however, is still the most common divorce process in the Northern Kentucky communities.

The multi-step process of litigation contributes to its’ expense and length of time. Information—called discovery—must first be gathered from the other side.  Discovery may include handwritten questions in the form of interrogatories, a request for specific documents, conducting depositions with a court reporter present, and/or the issuance of subpoenas to third parties.


Experience In and Out of the Courtroom

Northern Kentucky divorce lawyer, Ruth Jackson begins with an organized timeline so that all information is accumulated prior to your date in court.  She prepares each non-collaborative case assuming that a judge will be deciding it.  Litigation means that the attorneys and the clients will be presenting all of their issues in a public courtroom to a judge, who will then make the final decision.  It is a formal process that requires you to testify on what you are asking the judge to do for you.  In turn, your spouse will testify on what he/she is asking the judge to do for him/her.  These statements are often contentious and inconsistent.

Although litigation is court-based, a large majority of cases do settle.  It may occur after the parties are battle weary or even minutes before the trial, but the case nevertheless settles.  If you are pursuing divorce litigation, you may anticipate that you and your spouse will likely fall within the majority of the litigation/resolved cases.


Contact Jackson Family Law

Given the prevalence of divorce litigation in Northern Kentucky, Ruth Jackson is an experienced trial lawyer and devotes considerable resources to practicing it.  Because of her experience and knowledge in alternative dispute resolution, she will advise you on all your divorce options.  Her objective is to help you select the option most beneficial for your specific situation and future.  For more information or to schedule a consultation, please contact Ruth Jackson at (859) 291-8055 or contact us online.

Written by