What is a Litigated Divorce?

A traditional or litigated divorce is an adversarial divorce process. You and your spouse each hire your own attorney to represent your interests and advocate on your behalf in court. When you are unable to reach agreements on matters such as child custody, property division, or spousal support, a Judge will make decisions on those issues for you after considering evidence and arguments presented by your attorneys.

When is a Litigated Divorce Appropriate?

When you and your spouse have significant disagreements or disputes that cannot be resolved through negotiation methods such as Mediation or Collaborative Divorce, you may have to go to court to let a Judge decide. A trial may be necessary if there are complex financial assets, disputes over child custody or visitation, allegations of domestic violence, or a breakdown in communication between the parties.

The Litigation Process:

In a litigated divorce, both parties exchange relevant information and documents related to the divorce, such as financial records, property valuations, and any evidence pertinent to the case. Throughout the process, you and your attorneys are working to reach a settlement. However, when an agreement cannot be reached in Mediation, the case will proceed to trial. During the trial, each side will present their case, including evidence, witnesses, and arguments. The Judge will then make decisions on unresolved issues based on the evidence presented and applicable laws. After the trial, the Judge will issue a final divorce decree that outlines the terms of the divorce, including child custody, visitation (possession), support, property division, and any other relevant matters.

Given the complexity and adversarial nature of a litigated divorce, it is crucial to have a skilled and experienced divorce attorney by your side. Your attorney can provide legal guidance, protect your rights and interests, gather evidence, build a strong case, and advocate for your desired outcomes in court.

Contact an Experienced Austin Litigation Attorney Today

Sara E. Saltmarsh, Attorney at Law understands the challenges you may face in a divorce and is committed to providing you with effective representation. Contact us today at (512) 476-1588 to schedule a consultation and let us help you navigate the complexities of a litigated divorce in Texas.

What Our Clients Say

“I retained Sara Saltmarsh while going through a divorce case. I have a new-found respect for attorneys after working with Sara. During a very tough case that was being frivolously extended by the opposition, Sara maintained impressive professionalism and integrity. I was also impressed with Sara’s diligence and attention to detail with regards to family law. I will now be using Sara Saltmarsh for my Will.”

~ T.B.