Litigation in Family Law


The first step in the litigation process is investigation. For your attorney to present your case appropriately, they must have information about the case. The investigation process focuses on all of the issues and circumstances related to the case. The best way for your attorney to build a case for you is for them to know all of the facts around what happened and how the law supports you.

Once the case is filed, the investigation continues throughout the process. In divorce cases, a form of alternative dispute resolution is mediation. It is a great option for families, especially those who seek to reduce court dates and court costs.

The Lawsuit

Many people imagine a lawsuit when they first hear the term ‘litigation’. In fact, the term ‘litigation’ refers to the entire process of defending someone’s legal rights, before, during and after a lawsuit. As soon as you decide to defend your legal rights and hire an attorney, litigation begins.

If the parties are not able to reach a settlement of all issues, then the case will go to trial. The trial is the formal process of presenting facts from both sides to a judge, and possibly a jury. This can be a costly process where the decision is made by the judge after evidence and testimony have been presented to the court. After the judge has made a decision, the lawyer and client may decide to appeal to a higher court, the appeal is also part of the litigation process.

How does Litigation work in Family Law?

Many family law disputes can be resolved before the case reaches trial through alternative dispute resolution or mediation. In Texas, many cases can be mandated to mediate. This is still part of the litigation process but avoids the expensive and troublesome process of taking the case to court. Families usually only take a case to court when they are not able to resolve the issues of their case through any other means.

If you choose to go to trial, all decisions are made by the judge in the form of a Court Order. Court Orders are legally binding and must be followed by both parties. These orders might include division of propertyspousal supportchild support and child custody. After a case has been concluded, these orders may be modified within a specific timeframe through the court if circumstances change.

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Litigation is a lengthy process that requires an experienced and highly knowledgeable attorney on your side. Kelly J. Capps is a strong litigator who knows that paying close attention to finances and family dynamics can make the difference in the outcome of your case.

This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.