It is important not to fear the litigation process in a divorce. You should embrace it. The litigation process is in place to facilitate the resolution of the divorce proceedings. If utilized in the correct way, a divorce can be resolved more cost efficiently by using litigation tools. An experienced divorce attorney knows which tools to use, how to use them and when. The internet is full of fear mongers that might tell you to run from attorneys and try to do it yourself or with a mediator who may or may not be licensed. Here is how the litigation process can help you.
Experienced attorneys can recognize which litigation tools are useful. The courts man the guillotine that moves the process forward. When a couple enters the New York Court litigation process, the first time they will encounter the judge is either during a hearing on an emergency motion or at the preliminary conference where the court issues an Order setting discovery deadlines. Once there is an order in place, the court can enforce the deadlines for exchange of discovery such as financial records, home appraisals and tax returns. These items are not only necessary to prepare for a trial but also to engage in meaningful settlement negotiations.
An experienced attorney can help you strategize your discovery process so that you are better prepared for a mediation. If you enter a mediation before having sufficient knowledge of what assets you are dealing with or if there is a lingering question about whether a party has revealed all their financials, then what is the point of a mediation? There is no point. It is just spinning your wheels. An experienced attorney can help you negotiate your divorce but also obtain all the information you need to enter settlement negotiations and help you choose a good mediator.
An experienced attorney can help set realistic expectations for what you can accomplish at different stages of your divorce. Sometimes you need the litigation process to wear down the parties so that they are more realistic about what they will get. For example, motion practice before a Judge can help the parties see whether the Judge will be receptive to certain aspects of their case such as the amount of spousal support they should get or whether the Judge will be more likely to grant joint custody verses sole custody. An experienced attorney can help you test those waters.
If you are interested in learning more about how the divorce litigation process can help you contact Diana Mohyi Attorney at Law.