Divorce Litigation - NC
Litigation is the method used by spouses who are unable to agree on the outcome of their case through mediation and have chosen to not arbitrate their case. Litigation takes place in the courthouse for the county where the lawsuit if filed. To file a case a complaint is drafted, verified by the party and then served on the opposing party. The opposing party will have a specific period of time within which to file an answer, prepare any counterclaims or add additional parties to the lawsuit if that is determined to be necessary. The parties may then take depositions of each other and other important witnesses as well as submit written questions, written request for production of documents, or written request for admissions on the other party. This is called discovery and once it is completed the case is typically ready for trial.
In some jurisdictions, and depending on the claim, the parties may need to participate in mediation before such time as the case is calendared for trial. For instance, in North Carolina all custody disputes must be referred to custody mediation, unless one or both of the parties qualifies to be exempt from custody mediation, before a trial can take place on the issues of child custody. If mediation is unsuccessful, or not required, a trial will typically take place. At a trial the attorneys for each party present the case by calling their clients and other witnesses in an effort to convince the judge that their position is the position that should ultimately prevail. After the conclusion of all evidence the judge will consider everything that took place during the trial and make a ruling on the case. This ruling becomes an order of the court and the case is completed.
To learn more about litigation and other options available for you during your divorce or separation, contact us for your confidential consultation.