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What To Know When Divorce Enters Litigation

Traditional divorce trials are not appealing, but they are frequently necessary. We understand. At Nelson Kirkman, our divorce litigators regularly take matters to court for clients in Newport Beach and Orange County. On this page, we have answered some commonly asked questions about divorce litigation and what to know about it.

What is the court’s view of marriage ending in divorce?

The state of California views marriage as a partnership with each spouse acting as a partner to the other. A divorce, therefore, is the dissolution of the partnership between the two parties. This dissolution can be friendly or contentious and can be resolved through settlement or litigation.

Is my divorce case likely to go to court?

Most cases of divorce never go to court – they are settled between the parties long before the judge enters the courtroom. While any divorce could end up in litigation, an expert divorce lawyer with a settlement mindset can help you achieve your goals and move on to the next phase of your life.

What issues cause divorce cases to drag out?

There are several factors that can make a divorce case more complex. Child custody issues, business ownership that leads to questions of valuation, and domestic violence are key issues that lead to protracted divorces. Additionally, divorces involving high net worth individuals tend to be more complex by virtue of the significant assets involved. Even with these complexities present in the divorce case, settlement can be quickly achieved if the parties remain civil and work with the right lawyers.

What can I expect from the court in terms of procedure?

Divorce cases often take dramatically different paths through the court system. Currently, our court system is bogged down due to multiple factors. It is common for divorce cases to experience multiple continuances and for trial days to be split apart by weeks or months due to the number of cases occurring in the same court.

Are most child custody cases resolved in settlement?

Yes, an overwhelming majority of child custody cases never reach litigation, they are resolved by settlement.

How important are experts to divorce litigation?

Experts can play a critical role in the successful resolution of a divorce case. They are crucial to navigating the intricacies of family law, which is more complex than most people understand. Experts are practically mandatory in some aspects of a divorce case, and the right expert involved in a divorce can lead to a fast and positive settlement instead of a protracted and painful litigation.

Is a divorce similar to ending a partnership in terms of property?

Yes, a marriage is considered to be a partnership, and like business partners splitting up, there is a transaction to split up assets. Many divorces are not as simple as determining a simple split down the middle when it comes to assets. The parties may argue over the valuation of assets, who will be awarded certain assets, and if a particular asset is community or separate property. If the divorcing parties cannot agree on a settlement, the divorce will end in litigation.

Ask More From Our Litigators

If you need more answers, please do not hesitate to get in touch with our team of divorce attorneys at Nelson Kirkman. We can speak with you in person, over the phone or virtually. Schedule a consultation by calling 949-430-6952 or by using our online contact form.