The Ups and Downs of Divorce Litigation


Divorce litigation can often be described as a series of emotional highs and lows, leaving litigants is a constant state of frustration. The good news is that one thing IS certain in connection with matrimonial actions no matter how contentious: there is a beginning AND there is an end.


Most frustrating for litigants during a divorce action is the often uncertain outcomes of any given move that is made during the litigation. For example, in litigations involving excessive motion practice, a litigant may prevail in connection with his/her application to the Court, experience a sense of euphoria and invincibility, and expect that all subsequent actions taken will produce that same success. Unfortunately, it is rarely the case that a litigant’s position on all issues will be entirely meritorious or not subject to challenge in any manner.


Many litigants view their divorce action as a war, likening the stages as battles to be won or lost. In doing so, the focus on an overall resolution is obfuscated, and the levels of frustration intensify as the litigants’ view of the action vacillates between the successes or lack thereof, at any given stage.


The most practical approach to divorce litigation is the pursuit of your rights with vigor tempered with merit and reasonableness. Expect that despite it all, even with best efforts, you may not not get everything you want or feel you deserve at any given moment. In the end, this does not mean you will not prevail in connection with final outcomes or significant issues.

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