Navigating a divorce is not always easy. Starting from creating parenting plans, dividing assets to planning for spousal support, there are a number of things to take into consideration when undergoing a divorce. Even though many couples do go through a divorce without going to court, there are several people who might require litigation in order to reach a fair settlement. Seeking out the assistance of an experienced lawyer like Ronald Phillips New York is important to the litigation settlement process. His practice has been devoted exclusively to the field of matrimonial and family law for decades.
Divorce litigation basically is a process of divorce dispute resolution, and it involves submitting issues to the family court to have them resolved. Couples typically opt for litigation if they are unable to reach an agreement through other options. Several parties do try their best to avoid taking a divorce to court to save the time, hassles, money and emotional stress that are commonly involved with divorce litigation. Rather than divorce litigation, such couples opt for a collaborative divorce or divorce mediation. The former involves working collaboratively with lawyers and the former spouse to resolve issues outside of family court. Almost all lawyers try their best to reduce the conflict between parties and keep couples out of court. However, there are many cases where litigation becomes necessary to aid couples to reach a fair agreement.
Divorce lawyers ideally choose divorce litigation as the ideal path to in the following three situations:
- When parties are having trouble cooperating: Many divorcing couples have issues that they do not agree on and hence face problems while reaching a settlement. The scale of these disagreements is a major factor that determines whether divorce litigation shall be needed or not. Such a situation becomes common when a power-based negotiation style is used rather than interest-based negotiation. The former approach is focused on winning the fight, while the latter is centered on satisfying the important goals of each party.
- When a single side is being unreasonable: There are cases where a single party is insistent upon a resolution that is beyond reasonable expectations. In these situations, taking the matter to court might be the best option.
- When there are unusual issues that both parties see differently: Matters like division of property and assets, parenting plans, child support and spousal support are common in a divorce settlement. However, a few parties have certain issues outside this scope, and opting for divorce litigation might be an ideal choice for such couples.
Experienced lawyers like Ronald Phillips New York have a good understanding of how a judge will rule when a case has been taken to court, and hence progress accordingly based on the best interest of their clients. He is a member of the Family Law Sections of the Rockland County, New York State Bar Associations and American Bar Associations. Ronald additionally has been associated with the American Academy of Matrimonial Lawyers since 1979.