Seeking Divorce Through Litigation

Divorce is an emotionally trying time for anyone who is involved in the process, but especially the spouses. Many people are torn between choosing to make the divorce process as peaceable as possible or taking this opportunity to receive compensation for the dissolution of their marriage. There are many different methods for pursuing divorce, and the kind of San Jose divorce attorney that a person chooses to rely on will change the way divorce is approached. If a person wants to leave the marriage with as much compensation as possible, then there are things they should look for in their attorney. An attorney who specializes in combative divorce will emphasize in divorce litigation rather than divorce mediation.



Divorces that are resolved through litigation are taken before a judge. These cases are argued out in court, with each side represented by a lawyer whose job it is to get each party as much financial compensation as possible from the divorce. The judge will be the final arbiter in who gets what and how much from the formerly joint property. This kind of divorce will, of necessity, be combative, with each lawyer attempting to drag out information that will make one side or the other appear less deserving of compensation. Though divorces through litigation can be comparatively violent, they do have the ability to function as almost emotionally cleansing because of the process. It is because of this cleansing that many people choose divorce through litigation.

A Litigation Attorney


In order to pursue a divorce through litigation it is important to have an attorney who has a strong background in this area of the law. Because divorce litigation can be complicated and aggressive, a person does not want to have an untried lawyer representing them against one who has extensive experience. When choosing a combative divorce it is important to have a San Jose divorce attorney who has enough experience in the field that they will be able to make the process as smooth as possible. The divorce will already be difficult, and with the help of a good attorney it can be both successful and simple.

About Pepper

I am a single working mom, trying to raise my kid the best way I know how. Join me as I navigate my way through the jungle that is Single Mom-hood, armed with rose-colored glasses and strength of spirit. As pepper adds spice to food, so does my daughter add spice to my life. She makes life no less than…PEPPERRIFIC!

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  1. My partner went through a divorce just over 6 years ago. The divorce process was quite simple as both parties were agreeable on the divorce itself. The process was quite simple and required no lawyers at all. I do understand how ever that in many cases the divorce is more complicated because parties to the divorce will quite often disagree to the terms of the divorce, i.e it may be property disputes or it may be the child custody that the parties can not agree upon. Anyways, in my partners case it was quite simple and didn’t cost much at all (fees).

    Some years after the divorce came through, the ex husband of my partner decided to seek more access to his daughter (My step daughter) and we ended up in what is called “Mediation”.

    In Australia (Victoria) separated parents must first go to mediation before the law courts will hear a child custody case. Mediation was first done between the mediators and each side of separately, after a few meetings with the mediators a time was booked in for a “joint mediation sitting” To my disgust we arrived and was told by the mediators that l was not allowed to sit in on the joint mediation meeting as it was for the “Parents Only”

    Considering l had helped raise my step daughter for several years and would be expected to treat my step daughter as if she was my own biological daughter, l naturally kicked up a fuss. I made it quite clear that if l was not allowed to sit in on this joint mediation meeting then my partner will not be going in……. So after a few minutes of the mediators talking among themselves they decided to let me in on the meeting.

    I found it ridiculous that it was “expected” for a step parent who would be impacted upon by the outcomes of a mediation meeting/agreement was not normally allowed to be a part of this very important meeting.

    To think that everyone would expect and appreciate me as the step dad to treat my step daughter exactly the same as my 2 year old daughter, yet these same people can make it quite obvious that l would not be treated like a father.

  2. It’s almost always a difficult time, especially if children are involved. And it takes a long time to heal.

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