What to Expect in Litigation
People frequently think that family court is like television, in that all cases are tried and concluded within an hour or so. That is rarely how contested family law cases turn out. Domestic violence cases and child support cases with the Child Support Enforcement Agency are sometimes resolved at a single court appearance. However, if your case involves custody, spousal support or property division you must be prepared for multiple court appearances over an extended period of time.
Nothing happens quickly, particularly in the more heavily populated counties such as Wake County. A custody case or a property division case can take months or even years to complete. The family court is always overcrowded and court dates are routinely rescheduled due to the overcrowded court docket. You can expect to take many days off from work to appear in court and more days off to prepare for court.
You can expect discovery to be burdensome. A tax audit is the only event that compares with the discovery that occurs in contested property division cases, and to a somewhat lesser extent in support cases and custody cases. Discovery is the formal exchange of information and documents such as tax returns, pay stubs, bank statements, credit card statements, motor vehicle titles, real estate documents, retirement benefit statements, stocks and bonds, insurance policies, credit reports and the like.
You can expect subpoenas to be issued to any third party who might have information about you. Subpoenas requesting information about your business dealings, your employment, your children, your mental health, your finances, your sexual history, your social media presence and your telephone records are common in contested family law cases.
Litigating contested cases is costly in terms of money, time and emotional strain. The protracted conflict is hard on the entire family and especially hard for children who are caught in the middle and powerless to do anything about it. Avoid litigation if at all possible. Explore Collaborative Divorce or mediation as alternatives to litigation.