Litigation in a family law context refers to the process of resolving disputes related to family law matters through the court system. When parties cannot reach a resolution through negotiation or mediation, they may choose to pursue their legal rights and remedies by filing a lawsuit or initiating court proceedings.
Family law litigation can involve a variety of issues, including divorce, child custody and visitation, child support, spousal support, property division, and domestic violence restraining orders. The process can be time-consuming, costly and emotionally draining for all parties involved.
During family law litigation, each party presents evidence and arguments to the court, and a judge (not a jury) makes a decision based on the law and the evidence presented. The judge’s decision is binding and enforceable, subject to an appeal to the California Court of Appeal.
In my view, litigation should be a last resort rather than a first resort. It is expensive, time-consuming and may further strain already difficult family relationships. That said, in some cases, litigation is necessary to ensure that you receive a fair and just resolution to your family law dispute.
In the family law context, litigation typically involves the filing of motions (otherwise known as “request for orders”), such as for child custody and visitation, child support, spousal support, and/or attorney’s fees and costs. Often, cases may resolve after some motion litigation has been completed.
If, however, cases do not settle during the motion phase of the case, a judge will set a trial. A trial generally involves live testimony from the parties, third-party witnesses and, sometimes, expert witnesses.
While litigating is not my preferred method of resolution, I am a well-versed and capable litigator. Indeed, much of my family law practice during the past 15 years has related to litigation. With the creation of Brian’s Family Law, I am hopeful that I will be able to minimize the amount of litigation that is necessary in your case by focusing on alternative solutions. However, if those alternative solutions do not result in resolution, I will advocate zealously on your behalf to the judge.
