Go To Court – “Litigation”

When facing the need to resolve disputes through legal channels, litigation becomes a crucial avenue for finding resolution. At Thurman and Associates LLC, we recognize that litigation is a powerful tool for settling disputes between parties in a court of law.

It’s important to understand that courts prioritize the resolution of cases, with a majority – approximately 80-90% – being settled before reaching a final trial. This statistic is particularly significant in family law cases, such as divorce or custody disputes. Most individuals undergoing litigation won’t find themselves testifying in a final trial, despite their initial expectations. This is especially true for domestic relations or juvenile custody matters, where pretrials before a Magistrate or Judge play a pivotal role in case resolution. Notably, there are no jury trials in such cases. These pretrials, sometimes referred to as settlement conferences, can range from 1 to 7 depending on the complexity of the case. At Thurman and Associates LLC, thorough preparation is a key component for achieving successful litigation outcomes.

However, it’s essential to recognize that litigation is not a quick fix. Unlike the rapid courtroom resolutions depicted in shows like Law and Order, family law litigation is a process that extends beyond a single hearing. With over 40 years of combined experience among our three principals at Thurman and Associates LLC, we recommend striving for amicable resolutions in divorce or custody cases whenever possible. The Collaborative Law section of our website outlines compelling reasons to pursue cooperative solutions. Still, the feasibility of collaborative approaches often depends on the willingness of both parties to engage.

Less than half (50%) of clients manage to resolve all their issues before initiating a complaint or motion. In many cases, court involvement becomes necessary for various reasons, including:

  • Domestic violence concerns.
  • Mental health issues affecting the other party’s judgment.
  • Substance abuse impairing the other party’s decision-making.
  • Immediate threats to you or your children’s safety.
  • Unreasonable behavior from the other party.
  • Distrust and the need for legal verification.

These factors may necessitate turning to litigation. It’s worth noting that since the majority of cases settle, litigation can sometimes serve as a catalyst for resolution. The prospect of litigation often encourages the opposing party to engage in negotiations, propelling the case towards a settlement. Additionally, litigation can be effective for streamlining specific issues when both parties are at an impasse.

Commencing legal proceedings where an impartial court decides your fate isn’t the ideal scenario. Nonetheless, circumstances may leave you with no alternative. The ultimate goal of ending a marriage is to find lasting happiness, and sometimes a fight is necessary to achieve it.

Whether through litigation or collaboration, the end result – the termination of a marriage or the establishment of parental rights – remains consistent. The choice between litigation and collaboration hinges on the most effective path forward. Each attorney at Thurman and Associates LLC is well-versed in navigating divorces, custody battles, and support matters using a range of strategies.

Regardless of the chosen approach, the same essential issues must be resolved. We recommend reviewing the specific topics relevant to your case. If you require further assistance, consider consulting or retaining Thurman and Associates LLC as your legal representatives.

Contemplating divorce and considering court involvement?

Our experienced attorneys are here to guide you through the process. Reach out to us today for more information.