Litigation

Essentially, all divorces begin with litigation, as one party must file a Petition for Dissolution of Marriage, and then have it personally served on the other party. This step commences the litigation/divorce process. The other party then files a Response to the Petition.

In litigation cases, each spouse retains their own attorney. It is an adversarial process in which most or all decisions are made in open court by a judge who does not know you, your spouse, or your children and thus has limited ability to consider your needs and the needs of your family. Your judge will simply apply California law to the facts of your case and issue orders accordingly. Both you and your spouse will be bound by those orders. Litigation is an expensive, drawn out process that is time consuming and emotionally draining.

At any time during the litigation process, the parties may choose to settle all, or some of the issues in their divorce. For example, a couple may have already worked out a parenting plan, but disagree as to the amount of spousal support. The attorneys at YR have significant experience litigating every manner of family law case, and a profound understanding of the controlling law and procedure.