One of my biggest fears about the divorce was the impact it could have on my children. Armata & Davis helped minimize conflict and helped my spouse and me focus on what was important for our children.

- Divorce client with 2 children
  aged 8 and 12

Litigation

The traditional approach to settling disputes is litigation.

How Litigation Works

With litigation, each individual hires an attorney to represent her or him in court regarding the matters they cannot resolve on their own. For divorce, these typically include the valuation and division of assets, a determination of the liabilities, custody and the allocation of time for each parent with the children, and support, whether that is maintenance or child support. While attempts to resolve the case amicably are made, court intervention will be sought if the parties cannot reach agreement.

In litigation cases, the attorney begins the representation process by gathering as much data and documentation as possible - there are several client meetings and, when the client has exhausted the available documentation, the attorney then makes formal requests of the other attorney for documentation to supplement what has been provided. The attorney and client request business, real estate and pension evaluations as may be necessary. Copies of tax returns, credit card statements, bank statements and monthly bills are provided so that each party can present an accurate financial affidavit to the other of income, expenses, assets and debt.

Often, parties can reach an agreement regarding the division of their marital estate based upon these disclosures. If additional information is required, or if one party believes the other is withholding information, then subpoenas may be served upon businesses, employers or others to generate that information. Often, depositions - which are transcribed interviews of potential witnesses - are scheduled and conducted to supplement missing information.

If there are issues surrounding the children, a litigation attorney will often file motions in court for primary residence, access plans and child support, and the family will begin the divorce process attempting to sort out these issues with the assistance of Family Services or by presenting their respective "sides" to the court, where a judge will try to decide, often during a hearing of less than 30 minutes, where the children will live, when they will see each parent and who will pay how much to whom during the temporary period before the final divorce is granted. If the issues are especially troubling - for example, if there are safety concerns for the children or the parents are particularly angry - the Court will appoint, at additional cost to both parents, a Guardian ad litem (GAL) for the children. The GAL will meet with the children and the parents, speak with teachers, neighbors and family members, and will present a recommendation to the court for further orders.

The court makes several pre-trial processes available to litigants and their attorneys, all of which will occur at court. There can be a Special Masters pre-trial, which will involve financial issues only. There can be a judicial pre-trial, which will consider financial as well as child-related issues. If the custody and access issues are significant and unending, the court may refer families to the Regional Family Trial Docket, which provides a day-long mediation session. Family Services offers a variety of services, including mediation, conflict resolution conferences and evaluation of custody disputes.

If none of the pre-trial interventions above succeed in helping a couple toward settlement, the court will schedule a trial, which is a full hearing of all contested issues. The litigation attorney will prepare exhibits of all documents necessary to show your "side" to the court, and will prepare and question all witnesses, which will be called on your behalf. Following the trial, in which both you and your spouse will have entered all your financial and family-related documents into the public record and all your witnesses will have testified, the judge will issue a decision based upon his or her interpretation of all that information and testimony, and this decision will be binding upon you, your spouse and your children.