When a couple seeks a dissolution of their marriage but cannot agree on the terms they may pursue divorce litigation as a legal action and their case is presented to the court. If this is the selected option, each person will want to have a divorce attorney represent his or her interests.
The divorce attorney will also identify the issues that are important and relevant to the individual they are representing. This includes assets such as homes and savings, children and their custody and support, ongoing spousal support and other issues unique to the situation. Where there are irreconcilable differences preventing a divorce settlement from being agreed, the court may step in to decide the issues. Each attorney will advocate for his or her client. It is also possible the court may appoint an attorney to represent the children’s interest.
Why Choose Divorce Litigation?
Divorce litigation is often the remaining option after attempts at amicable resolution have been exhausted. Commonly, the divorce is unilateral, meaning one spouse wants the divorce and the other does not. In this situation the divorce is already adversarial and emotionally charged. Traditional dispute resolution, where each person hires a lawyer to handle their interest, is the option most people know about. In this case the attorney represents one spouse in a traditional attorney-client relationship to insure their point of view prevails in a negotiated settlement or, if necessary, litigation in court. Divorce litigation is the more time consuming and emotionally costly option. However, some marital issues can only be resolved through litigation.
Who Can Provide Divorce Litigation?
To successfully litigate or negotiate the terms of the divorce agreement, the divorce attorney must bring legal practice experience tempered with insight into matrimonial litigation. Issues related to business valuation, retirement benefits, income and tax consequences must often be factored against spousal support, child support and custody issues.
David L. Pinsel has been representing clients in divorce litigation since 1985. A good litigation attorney is an expert negotiator. He is a talented trial attorney who will extend the olive branch of negotiation while also bringing the full force of law when necessary to achieve an optimal outcome for his client.
Mr. Pinsel is also trained in mediation and collaborative law in addition to divorce litigation. He is a court-certified mediator in Cook County. Your choice of litigation, mediation or Collaborative practice can be made with his professional advice.
