To Litigate Or Not To Litigate?

In divorce and family law, the question of whether to litigate is a heavy one. By its nature, courtroom litigation is adversarial and can be very costly. However, taking a dispute to court is appropriate in many cases, particularly when the parties are unable to agree on matters of child custody, property division or alimony.

If you want to discuss whether to litigate or not to litigate, contact a family law attorney at Nicaud & Sunseri Law Firm, LLC. We have offices in Metairie and St. Tammany Parish.

Options For Avoiding Litigation

In many cases, when a family law dispute goes to court, neither party ends up being satisfied with the judge's decision. Litigation can also bring very private matters into public view, and this heightens tensions between the opposing parties.

One way to avoid an expensive courtroom battle is to try to resolve matters with a collaborative approach — either through collaborative divorce or mediation.

These methods of alternative dispute resolution (ADR) are typically carried out in a neutral setting agreed upon by both parties. Matters of divorce and custody can be discussed privately outside of court - all with the help of trained professionals such as mental health coaches, financial coaches and child coaches.

Through ADR, divorcing spouses can have a say in the matters that mean most to them, and mediation and collaboration can be great ways to minimize conflict and expenses. These methods can also result in legally binding agreements that address the needs and concerns of all parties involved.

Attorney Michelle Demarest-Sunseri is a certified collaborative professional and has extensive training as a mediator.

When To Escalate

Sometimes spouses enter into divorce negotiations with every intention of resolving matters amicably, but a dispute arises nonetheless, and it becomes necessary to ask a court to intervene. If you start out with a collaborative process like mediation or collaborative divorce, you still have the option of litigating in the event that you and the other party cannot agree on matters outside of court. However, with collaborative divorce, the parties will have to hire new lawyers if the collaborative process breaks down and the dispute goes to court.

We encourage our clients to try to reach divorce and child custody agreements through ADR, but as experienced and accomplished litigators, we will not hesitate to fight for your interests in court if that is what your case demands.

Contact Us

To arrange a confidential consultation with a skilled and dedicated attorney, call 985-218-0494 or 504-662-9596, or contact us online. We advise and represent clients on the Northshore and the Southshore.