In California, litigation in a divorce refers to the legal process where spouses resolve their divorce-related disputes in court. Divorce litigation typically begins when one spouse files a petition for dissolution of marriage, and the other spouse responds. If the couple cannot reach an agreement on important issues such as property division, child custody, child support, and spousal support, the case proceeds to litigation, where each party presents evidence, witnesses, and legal arguments before a judge. Litigation can be time-consuming and expensive, often involving hearings, motions, and pretrial procedures to gather and exchange information, such as financial disclosures and property valuations. The judge ultimately makes the final decisions on the unresolved issues, based on the law and the evidence presented.
While litigation is an option for resolving a divorce, it is typically seen as a last resort due to the adversarial nature of the process, which can create further conflict between the spouses. In many cases, divorcing couples are encouraged to consider alternative dispute resolution methods, such as mediation or collaborative divorce, to resolve issues outside of court. However, when these methods fail, litigation provides a formal avenue for spouses to assert their legal rights. California family courts strive to ensure fair outcomes in divorce cases, but litigation can result in outcomes that may not fully reflect the preferences of the parties involved. Consequently, many spouses opt for settlement negotiations even during litigation, in hopes of avoiding the costs and emotional toll of a prolonged trial.
