Litigation: As A Last Resort

Litigation is the most common method of resolving family law matters. It does not necessarily mean a trial. Less than 3 percent of families resolve their disputes by means of a trial. Rather, they use the many services provided by the court to negotiate the terms of their divorce. The court has specialized personnel, entitled Family Services, to assist parents in developing a custody and parenting plan.

The court also uses professionals to help parties reach a fair financial division. The parties may or may not have attorneys as their representatives. The court in some circumstances will require children to have an attorney or a guardian ad litem. Although the parties are allowed to negotiate outside of court, all divorce terms are developed in a court proceeding and must be approved by a judge.

Some cases are appropriate for litigation. It may be because the finances are complex, the emotions are too strong or the legal issues are unique. Whatever the reason, you want the capabilities, experience and resources of an experienced family attorney by your side, preparing your case and maximizing your results.

What is the top reason that people choose to litigate?

  • Frequently parties do not know that there are other avenues. Choose an attorney who is well-versed in all the options to resolve your case so you can compare and choose. At the Law Offices of Donna L. Buttler, LLC, our attorneys practice all protocols to resolve your case to give you the maximum benefits. Read through our discussion of the options presented throughout this website to begin your exploration.

Does litigation always mean I am going to trial?

  • No. Frequently during litigation, parties find a way to negotiate and resolve their disputes. We explore every opportunity to find a solution, but if necessary, with our experience and knowledge of the court system, we are in a position to be your best advocate at any court proceeding.

"I am an experienced litigator who has conducted trials for over twenty years."
- Donna L. Buttler

Is litigation expensive?

  • It can be. A trial is the ultimate expense, largely because you must hire experts to present facts that support your position in the case. Moreover, in attending court, you must wait your turn, which frankly can mean hours of attorney fees just to see court personnel or a judge. At our firm in Farmington Valley, we recognize the wasteful use of the court system and when we can, we avoid the wait and offer other means to a solution.

If I begin to litigate, can we choose to go another route?

  • Absolutely. In fact, many people start in litigation and with our help find another avenue to finalize their case that costs less and takes less time. We can move freely from litigation to collaborative divorce, for example, and often do when circumstances allow. Here at the Law Offices of Donna L. Buttler, LLC, we always weigh the benefits and costs of avoiding litigation and use creative methods to provide you alternative options.

Do all attorneys litigate?

  • All attorneys licensed in the state may litigate in our state court system. This does not always mean that they are knowledgeable about family court, which, because of its far-reaching impact, necessarily draws from multiple areas of the law, including contracts, finances, bankruptcy, elder care and taxes. We pride ourselves on being experienced litigators, which also means we know when litigation may not be the best choice for our clients. We also work with other professionals such as attorneys who practice in other areas of the law, child specialists, financial planners, accountants and psychologists to offer you a comprehensive result best suited to meeting your family's needs.

Will I receive a better result if I litigate?

  • Not necessarily. A trial is essentially presenting facts to a neutral party, a judge, who does not know you or your family. The judge's decision is final except in rare circumstances and you have little control over the outcome. At the Law Offices of Donna L. Buttler, LLC, we are practical in guiding our clients about choosing trial. Our experience means that we are knowledgeable about court decisions and will advise you to consider a trial only when, in our opinion, it is a better option to meet your goals.

Be informed and get started today. Call 860-404-6134 to schedule a consultation with our experienced Connecticut lawyers or contact us online.