Litigated Divorce

Litigated Divorce Explained: Who, What, When, Where & Why

Litigated divorce is appropriate for couples who cannot reach agreement on key issues or who require the court to make decisions on their behalf. It is also necessary when safety, fairness, or legal protections must be formally imposed.

Litigated divorce may be the right path for:

Individuals facing high conflict or limited communication
Spouses who cannot agree on financial issues or parenting matters
Cases involving hidden assets or significant financial uncertainty
Situations where one party is unwilling to participate in cooperative processes
Cases involving domestic violence, coercion, intimidation, or other safety concerns
People who need formal court order to ensure compliance

Even in a litigated setting, Shih Legal provides steady guidance and works to protect your rights while helping you move toward a more certain future.

View all services here

A litigated divorce is a court based process that follows formal legal procedures. This process includes:

Filing a Petition for Divorce
Court supervised exchanges of financial and other important information
Motions, conferences, and hearings scheduled with the court
Negotiations between attorneys
Judicial decisions when agreements cannot be reached
Court enforcement of rulings when needed

Litigated divorce relies on the authority of the court to resolve disputes, enforce deadlines, and make binding decisions. While it can be more structured and sometimes more demanding, it offers clear protections for individuals who need them.

View all services here

Litigated divorce takes place primarily in court and through formal legal channels. This can include:

Courtrooms for hearings and trials
Virtual or in person conferences scheduled by the court
Attorney to attorney communications
Depositions or sworn testimony
Meetings with experts such as forensic accountants, appraisers, or mental health professionals and guardian ad items or parenting evaluators

The court controls the calendar and oversees the procedural steps, and both sides must follow established rules and timelines.

View all services here

Although many couples prefer alternative approaches, litigated divorce offers important benefits when circumstances require it. Individuals choose litigation because:

They need legally enforceable decisions
They require clear judicial authority to resolve disputes
They want structured procedures that protect fairness
They need the court to compel financial disclosure
They feel unsafe negotiating directly with their spouse
They face complex financial, legal, or parenting issues

Litigation ensures that every outcome is guided by established law, judicial oversight, and formal protections.

Even when the court is involved, having the right legal support matters. Shih Legal accepts a very limited number of litigation matters to ensure that every client receives focused attentional and thoughtful representation.

If you believe your situation may require litigation, please scheduled a consultation to discuss whether this approach is appropriate for you and how Shih Legal can help you move forward with clarity and confidence.

View all services here

A litigated divorce may be necessary when:

Communication between spouses have broken down
One or both spouses refuse to provide financial information voluntarily
There are concerns about safety or domestic violence
One spouse refuses to negotiate or participate in settlement discussions
The issues are complex and require detailed court involvement
There is a significant power imbalance between the spouses
Prior attempts at mediation or collaboration have failed

Litigation is not always the first choice, but sometimes the most appropriate and the most protective option.

View all services here

ONLINE PAYMENT

Litigated Divorce

GET IN TOUCH TO LEARN MORE OR SCHEDULE A CONSULTATION.