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Litigation
is another word for
a lawsuit. Litigation is a process of dispute resolution
that is, by design, adversarial in nature.
Litigation
is the legal process through which the rights, duties and
obligations of the parties (often a husband and wife, or a
mother and father) are decided.
The
process of litigation begins when one party to a marriage
files for a
divorce. In some instances, litigation is commenced when,
after a divorce has occurred, a party
believes they have changes in circumstances to warrant a
request to modify the original terms of
their divorce.
Each
party in a divorce or custody issue has
the right to litigate their matter before a Court. While
litigation may be started by one party or the other, it does
not mean that your divorce will end up in a trial.
There are numerous options available to help resolve your
conflict without having to go to a trial. However, if
other dispute resolution processes fail or are never
pursued, the Court will hear the testimony and review the
evidence presented by each party and then will make the final
decisions on any matter the parties could not resolve on
their own.
Since the process
of litigation results in long-standing or permanent
consequences upon the parties, it is important to find a
litigator who will zealously advocate on your behalf and who
can counsel and advise you on the law and its impact on the
issues that are important in your case. |