Litigation
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Kimbriel Law Firm
| Let us help you find the sunshine in the clouds of divorce. |
LITIGATION involves the filing of a lawsuit, temporary orders, the discovery process,
the pretrial process and a trial, whether to a jury or a judge.
A lawsuit is filed and if needed, a Temporary Restraining Order is obtained to protect
the persons and property involved in a divorce.
Temporary Orders are entered to protect the assets of the marriage and provide for
support of the parties. If there are children, temporary orders are made regarding the
possession of the children while the lawsuit is pending. Temporary orders can also
include psychological evaluations, social studies, physical examinations, drug testing
and a number of other orders which will help the parties prepare for trial.
The discovery process is a series of procedures used to obtain information needed to
prepare for mediation and trial. This can be in the form of written discovery which is
answered under sworn circumstances, depositions, subpoenas to parties and to
non-parties and various other techniques used to gather information.
Once the discovery process is completed a pretrial scheduling order will be entered
with either a jury or bench trial set. Mediation is generally required prior to a final
trial. Pretrial preparations include creating a proposed property division, a proposed
parenting plan and various other trial exhibits.
The trial can take a day or weeks, depending on the number of issues and the
complexity of the issues.
Litigation is suited for persons who are very antagonistic and who cannot possibly
settle because of the emotions surrounding the divorce process. It is also suited to
cases involving domestic violence, sexual abuse and other extreme issues. Litigation
is also suited for complicated estates with large amounts of varied types of property
with varied tax consequences to the property division.
the pretrial process and a trial, whether to a jury or a judge.
A lawsuit is filed and if needed, a Temporary Restraining Order is obtained to protect
the persons and property involved in a divorce.
Temporary Orders are entered to protect the assets of the marriage and provide for
support of the parties. If there are children, temporary orders are made regarding the
possession of the children while the lawsuit is pending. Temporary orders can also
include psychological evaluations, social studies, physical examinations, drug testing
and a number of other orders which will help the parties prepare for trial.
The discovery process is a series of procedures used to obtain information needed to
prepare for mediation and trial. This can be in the form of written discovery which is
answered under sworn circumstances, depositions, subpoenas to parties and to
non-parties and various other techniques used to gather information.
Once the discovery process is completed a pretrial scheduling order will be entered
with either a jury or bench trial set. Mediation is generally required prior to a final
trial. Pretrial preparations include creating a proposed property division, a proposed
parenting plan and various other trial exhibits.
The trial can take a day or weeks, depending on the number of issues and the
complexity of the issues.
Litigation is suited for persons who are very antagonistic and who cannot possibly
settle because of the emotions surrounding the divorce process. It is also suited to
cases involving domestic violence, sexual abuse and other extreme issues. Litigation
is also suited for complicated estates with large amounts of varied types of property
with varied tax consequences to the property division.