Family Law and Litigation

The courtroom is no place for families. The litigation process is expensive and time consuming. Worst of all … the final outcome is in the hands of a complete stranger and a court system that does not know you, your history, your goals or your childen. If non-traditional lifestyle choices are involved, the risks associated with litigation are even greater. However, there is a better way …

Our firm believes that the personal choices made during conflict largely determine who we are as individuals. These choices can either show our worst colors or challenge us to be our best selves. Most clients want to “do the right thing”, but what is right in these situation is difficult to determine, especially when perspectives are colored by fear. However, with professional help to provide thoughtful consideration of our client’s values, goals and desires for themselves as a family and an individual, as well as a thorough discussion of legal information and options, many clients are able to use this time of conflict as an opportunity for personal transformation, growth and development.

In a typical divorce, adversarial litigation strategies worsen an already difficult situation. Resources are already limited, as what was supporting one household is now supporting two and both parties have enormous litigation costs as well. The parties’ emotional and financial resources are stretched to the breaking point.

Not only is adversarial litigation expensive and time consuming, it almost guarantees to destroy whatever remaining goodwill exists between the parties. When these parties are going to have to co-operate and co-ordinate with each other for the next 20 years due to their mutual children, it can be a recipe for disaster for all parties involved, particularly the children.

Family litigation frequently ends up as long-term ongoing process. Whichever party “lost” in regards to the children has every incentive to re-litigate incessantly. Many high-conflict family disputes spend 5-10 years involved in the litigation process. A typical divorce with children frequently takes 2 years to work its way through the process. Many children spend their entire childhoods watching their parents engaged in endless battle.

In situations where the parties involved have chosen alternative lifestyles or alternative religions, courtroom litigation poses a significant risk of loss on all parties involved. The legal system is extremely conservative and views alternative lifestyles with great suspicion. If children are involved, the risk of having government agencies also involved in the conflict is real.

Alternative dispute resolution, collaborative law and therapeutic law offer clients viable options to traditional adversarial litigation of their family conflict. These options provide numerous benefits simply not attainable through litigation. When families and children are involved, there in no better time to choose wisely…