Connecticut Divorce and Family Law Litigation

Skilled advocates provide determined court representation

Litigation in family law cases means trying disputed issues before a judge, who makes findings of fact and conclusions of law that the parties are bound to follow. The process can be time consuming, expensive and stressful and the results are often unpredictable. Sometimes, though, litigation is the only way to uphold your rights and protect those you love. At Needle | Cuda, our Fairfield County family law attorneys are skilled litigators with extensive trial experience. However, we are prudent in advising clients about using litigation as an option. When we recommend going to trial, you can be confident that our advice is based on our careful assessment of your situation.

When it makes sense to litigate your family law matters

Unfortunately, some divorces and other family law matters are highly contentious, raising significant impediments to negotiated solutions. Here are some red flags that that may signal the need for litigation:

• A party’s refusal to be reasonable — Divorce and other family law issues often stir up resentment over real or perceived inequities between the parties. One party may want to use the legal process to hurt the other or may draw out the proceedings by raising continual objections.
• Lack of respect — It is difficult to negotiate in good faith when trust and respect are gone, such as when a relationship has been broken by domestic violence, infidelity or another form of betrayal of trust.
• Pendente lite issues — While a divorce case is pending, there may be disputes over financial issues or who occupies a particular residence. One party may be seeking an unfair advantage over the other or simply may not agree.
• Financial dishonesty — In high-net-worth divorces, spouses may try to hide assets that belong in the marital estate and so should be subject to equitable distribution. A spouse might also be dishonest about a business valuation.
• Challenging a prenuptial or postnuptial agreement — One side may be seeking to enforce an agreement while the other is seeking to invalidate it, which can drastically affect the outcome of a divorce.
• Well-founded concern for your children — Litigation may be necessary in child custody disputes when you have a well-founded belief that the other parent presents significant risk to your children, where one party cannot provide for the children’s emotional needs or where there are significant disputes about what is best for your children.
• Enforcement of court orders — If you have a court order that your ex-spouse is not obeying, it is often necessary to go to court to enforce compliance.

Litigating a case can resolve an issue when a reasonable agreement cannot be achieved. Sometimes the only way to move forward or conclude a matter is to put the decision to a judge. Even where a case may ultimately be resolved by arbitration or mediation, the litigation process may provide helpful tools earlier in the process, such as orders on alimony, child support, counsel/expert fees and other financial issues while a case is pending. It also affords you the ability to formally seek discovery — requesting documents and other information and deposing witnesses — from the other party and even nonparties.

Litigation often takes longer than alternative dispute resolution. A litigated divorce can take years. Sometimes, however, a mediation may grow out of a litigation — for example, after resolution of certain disputed discovery issues. So, it’s important to consider the benefits and risks before committing to litigation. Our attorneys will thoroughly evaluate your unique situation and advise you on whether litigation is the right forum in your case.

Contact our Westport, CT family law attorneys for litigation services

Needle | Cuda in Fairfield County litigates a wide range of family law issues. We provide highly professional yet personal representation focused on delivering positive results. To reserve a consultation, call us today at 203-429-4151 or contact our Westport office online.