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When you have considered mediation, collaborative divorce, and no court divorce, litigation may be unavoidable.  Should that occur, it is important to engage a skilled and experienced attorney.

A Divorce Could Be the Most Difficult Situation You Will Ever Have to Resolve, But Litigation Should be a Last Resort.

What, exactly, does it mean to litigate a divorce case?

A litigated divorce means that for various reasons the case must be managed by a Judge. It is a divorce where the parties are unable to bring resolution to their issues short of this step.

The parties will engage in formal discovery which includes:
  • The issuance of subpoenas
  • The use of interrogatories
  • The use of court appointed experts
  • The attendance of the parties and other third party witnesses at depositions
  • The formal exchange of documents
  • In many cases at least one or more court hearings
Even when a divorce is litigated there may remain options. It is also true that the case may need to go to trial to be resolved.

When do you decide that the case has to be litigated?

Sometimes it is clear from the beginning of a case that it will require judicial intervention; i.e., that a judge will have to make decision because the parties and their attorneys are unable to reach resolution of the issues.

There are times when a case will require the immediate application for a court order. This occurs where there has been domestic violence, child abuse or endangerment or where there is an immediate need for a support order.

Michele Sacks Lowenstein
Has Been Practicing Family Law Since 1981

During the course of those years she has litigated child custody cases involving issues of abuse as well as “move-away” cases.

Other issues she has litigated on behalf of her clients include, but are not limited to the valuation of real property, the valuation of businesses, spousal support, child support, tracing of separate property and the division of numerous assets including intellectual property.

She has also represented clients in contempt proceedings and in proceedings to collect spousal and child support.

She has participated in cases where the trials lasted from several hours to trials which have lasted for a number of weeks. Trials lasting for weeks are cases which have been in the court system for years and have been subject to numerous court proceedings before the case went to trial.
 san diego's divorce lawyers michele sacks lowenstein elizabeth m. brown

michele sacks lowenstein is a principal in the san diego law firm lowenstein brown, aplc elizabeth m. brown is a principal in the san diego law firm lowenstein brown, aplc