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Family Law Litigation

Family Law Litigation
In its simplest form, litigation can be defined as the process of carrying out a lawsuit. In family law cases, you begin the litigation process by filing a motion/ complaint in the County Family Court. The filing of your complaint begins the litigation process. If needed, a temporary restraining order may be obtained to protect the persons and property involved in the divorce. Once your case is in the court system, you are constrained by the court's docket. If there are numerous complaints pending while your complaint is also pending, there is the possibility that your complaint will move very slowly through the court system. Thus, you may have to wait an unknown amount of time to gain closure in your case.

Temporary Orders
Numerous temporary orders can be filed in an effort to provide protection and support to the parties. If there are children involved, temporary orders are drafted regarding the handling of the parties' personal or real property during the litigation process. Temporary orders can also include physical examinations, drug testing, psychological evaluations and numerous other orders aimed at helping the parties prepare for trial.

Discovery Process
The discovery process involves a series of procedures aimed at obtaining information that will be useful for mediation and trial. Often times, this process is in the form of written discovery, which involves depositions, sworn testimony, subpoenas for production of documents to the parties and nonparties, and a variety of other techniques used to gather information.

At the completion of the discovery process, the parties enter into a pretrial scheduling order. Mediation is generally mandatory prior to the actual trial. Pre-trial mediation aims to create an agreement upon division of assets and property, an appropriate parenting plan and various other issues surrounding your case.

The trial will vary in duration depending on the number of issues and complexity of the case; it could take a few days or could even last a few weeks.

Litigation Facts
Litigation pits you against your spouse or your child's other parent. Many times when you and the opposing party cannot work out the details of your particular situation, you must pursue litigation. In the family law litigation process, the family court judge will make the decisions regarding your case and will put those decisions in writing in the form of a court order. Once a
court order has been issued, both parties are be legally obligated to abide by the terms of the court's order. If either party does not abide by the court's order, serious consequences may follow, including fines or even jail. Family law litigation is best suited for people who feel they cannot possibly solve their issues through mediation or collaborative law processes. It is also best suited for cases involving sexual abuse, domestic violence and other extreme and emotionally stressful issues.

Because a judge is making all decisions regarding your future activities and the activities of your child, there is also the possibility that neither party will be satisfied with the conclusion of your case.

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San Rafael Divorce

© Law Offices of Renee M. Marcelle
Marin County Family Lawyer, Divorce Attorney, & Child Custody Law Firm

The Law Offices of Renee M. Marcelle covers these geographical areas for your legal counsel: Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, San Anselmo, San Rafael, San Francisco, Tiburon, Marin County, Solano County, San Francisco County and Sonoma.

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