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Principled Litigation

When most people think of divorce litigation, they think of testy court battles with both spouses focused on destroying the other. On the opposite end of the spectrum are the large number of couples who can successfully resolve their divorce through non-adversarial dispute resolution. There is also a large middle ground where reasonable people simply can’t agree on everything.



You may find that you can’t agree on how a specific law applies, how to value or divide certain assets, or what decisions should be made regarding your children. These disagreements don’t need to turn into a battle. You can follow a principled litigation strategy instead.

SEEKING FAIRNESS – NOT A WIN AT ALL COSTS

The first step in principled litigation is agreeing to disagree. When you can’t find an agreement, move on from that issue and continue to amicably work through everything that you can agree to. You can then use the court to help you settle the disagreements, but keep thinking about it as a way to find a fair settlement rather than to prove you were right. You will often have more to lose by engaging in drawn-out litigation to “win” than you would by continuing to work towards a resolution.



In principled litigation, you continue to work together with your spouse by

• Using the court only to resolve issues that you truly can’t resolve on your own
• Sharing ALL relevant information even if the court doesn’t order you to
• Remaining focused on finding a fair outcome rather than a chance to get revenge for any wrongs that may have occurred in your marriage
• Focusing on positive solutions rather than trying to capitalize on mistakes or legal errors made by your spouse

To get help resolving your divorce through principled litigation contact Jonetta J. Kapusta-Dorogi, LLC in Cleveland, Ohio, today.