Litigation
In the old day (40 years ago), divorce clients were at the mercy of the judicial system as there were few options to full-blown, no-holds-barred litigation. This method is expensive, lengthy and exhausting for everyone involved. The litigants have relatively little controt over the outcome and their atorneys must go to the ends of the earth to prove their case to the judge.
If you and your spouse cannot settle your case, it will go to trial. At trial you each tell your story to the judge. It is told through your testimony, the testimony of other witneses, and documents called exhibits.
Trial will be expensive (both from monetary and emotional standpoints). However, it can be the only acceptable alternative to never-ending, unreasonabe settlement demands or a party's refusal to negotiate in good faith. Still, trials are risky. No lawyer can predict the outcome of a trial because every case is different. A judge -- a stranger who likely has a viewpoint, temperament and values very different from yours -- unilaterally decides how you and your spouse are going to rearrange your lives, divides your income and assets, and dictates when each of you may see your children.
Sometimes, a trial does not end the case. Multiple appeals are possible (both in the trial court and in the appellate courts). Appeals add even more time and expense to the divorce process and are usually difficult to win.
"So what are my options if I don't want to go through litigation?"
Over the course of the last 10 years, the evolution of Alternative Dispute Resoluttion ("ADR") has given us specialized techniques to help resolve your divorce without litigation through mediation or arbitration. All of them are available to help efficiently and expeditiously resolve dissolution of marriage, custody disputes, division of property, responsbility of debts, visitation and parenting issues, etc. In all likelihood, one of these methods is right for your situation.
