Litigation
The traditional format to process a family law matter is through the court system. This is the right option for some cases, but not all of them.
In short, two parties enter this proceeding to establish, defend, or enforce a legal right. At Story Law, most of our litigation cases reside in the realm of Family Law.
Choosing an Approach...
Sometimes, there is a power-imbalance between the parties, especially when parenting is a key issue, or there may be a fear that “money will be left on the table” if a dispute is not settled in the courtroom, with a judge. This is not necessarily the case. Each dispute is uniquely different, as are the goals for each party involved.
While exploring litigation it is important to consider the time, financial costs, loss of privacy, and stress that are often part of this process.
Common Areas of Practice for Litigation:
Dissolution/Divorce
Maintenance/Support/Alimony
Parenting Plan or Planning/Custody
Community Property
Paternity
Child Support
Legal Separation
Property and Liabilities
Separate Property
Parenting/Child Support/Maintenance Modifications
Protection orders
Benefits of Litigation
A litigated case offers some very specific elements that may serve the opposing parties in a way that outside-the-courtroom methods may not offer. These may include court orders to protect assets, an immediate temporary parenting plan, a ruling to provide financial support, or to gain access to information.
In litigation an appeals process exists. This may be valuable for the litigant who did not win the ruling, but would like the option to review the outcome by a higher court.
A strong benefit lies in the power of the court itself and its ability to compel witnesses to attend the proceedings in order to get the proper and comprehensive context of the case itself. Having the bigger picture, based on witness testimony, will lend itself to appropriate resolutions of the disputes at hand.
How It Works
- Getting started with Story Law happens with a short, scheduled phone call. You don’t need to know which type of approach you’re looking for. We’ll ask for some general information and answer your initial questions as well.
- If you choose to move forward, the next step is to schedule an in-person meeting. We will have plenty of talking points to explore from the call, plus any details that arise.
- There is more to this initial process, but these are the main points about how we begin here at Story Law.
