Detailed Know How Guide To Litigation, the Process And Its Necessity

A lawsuit or a controversy brought in front of a court is commonly called as "Litigation". These are cases in which the involved parties cannot solve their problem through mutual agreement and may need intervention of a judge or a jury to solve their dilemma. Litigation is one of the ways through which the parties involved can solve their disagreements arising from various circumstances.


Litigation is a term used to distinguish the lawsuits that arise from "arbitration" or "mediation". In arbitration an arbitrator makes the decision and mediation is a meeting between the two parties with a third party intervention for fair agreement.


The Litigation Process:


In any matter of litigation, each side will be represented by their attorneys who will assemble their positions and present them to the judge. They may present witnesses as evidences, testimonials from experts of the field and have legal arguments. The judge will make a ruling on the matter after assessing both side positions. The major drawback of the litigation process is that once the case is presented by the attorneys, the ultimate power lies with the judge to take a decision. No one can predict the outcome of the case.


Prior to the litigation process, both attorneys will have a formal discussion and discovery process. During this process relevant information is shared and information is gathered from several experts. An investigational work also takes place during this process. The information collected is used to develop the case and support either party's side.


Necessity of the Litigation Process:


In some situations the affected party may need an immediate intervention by the court to protect individual's assets and family. In such situations a litigation process is necessary. Especially when violence is involved in a case, court intervention may be necessary to obtain a protection order. In cases where one of the spouses has complete control over the community assets which are unknown to the other party, a litigation process can be applied. This way a proper investigation can be carried out to ascertain the complete list of assets obtained during the marriage period.


Litigation and Initial Temporary Orders:


In a divorce case, usually litigation process instructs the parties to get Temporary Orders. This is especially needed in case of involvement of kids and the parties cannot agree over the primary custody of their children. Temporary Orders may include the temporary support of either of the spouse and other details connected to a divorce case.


If both the involved parties are not able to resolve their cases through negotiations by the attorneys and even after mediation has occurred, a final hearing becomes a necessary event. In a divorce case, if the case is presented in front of the judge, it will be the judge who decides the overall issues like custody of children, division of property, the terms for conservatorship of the children and finally declaring the property involved as community property or separate property.

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