Litigation is another word for a lawsuit. Litigation is a process of dispute resolution that is, by design, adversarial in nature. Litigation is the legal process through which the rights, duties and obligations of the parties (often a husband and wife, or a mother and father) are decided.
The process of litigation begins when one party to a marriage files for a divorce. In some instances, litigation is commenced when, after a divorce has occurred, a party believes a change in circumstances warrants a request to modify the original terms of their divorce.
Each party in a divorce or custody issue has the right to litigate their matter before a Court. While litigation may be started by one party or the other, it does not mean that your divorce will end up in a trial. There are numerous options available to help resolve your conflict without having to go to a trial. However, if other dispute resolution processes fail or are never pursued, the Court will hear the testimony and review the evidence presented by each party and then will make the final decisions on any matter the parties could not resolve on their own.
Since the process of litigation results in long-standing or permanent consequences upon the parties, it is important to find a litigator who will zealously advocate on your behalf and who can counsel and advise you on the law and its impact on the issues that are important in your case.