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Popular Articles

Bringing the Magic

I had a case in which I was retained, not for a collaborative matter, but for litigation. (Back then, I still had the reputation for being “an aggressive family law trial attorney.”)

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Growing Apart

Overheard among a group of middle school boys drinking mochas in a coffeehouse, as one tastes another’s coffee: “That is so ridiculously sweet! That’s like something a five-year-old would make!”

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Litigation

Litigation in Tampa

Litigation is the process of going to court to argue your case. A lawsuit involves a plaintiff filing a formal complaint with the appropriate court, and then serving a copy upon a defendant to provide them notice of the impending court case. The defendant then files an answer within a prescribed amount of time, and the lawsuit commences. Litigation of a formal lawsuit generally involves three stages: discovery, trial, and post-trial. In addition to the actual lawsuit, pre-suit negotiations, mediations, arbitrations, and appeals may also be part of the litigation process. Motion practice is the mechanism where a party petitions the court to make a decision regarding a disputed aspect of the case. Litigation is typically settled by agreement between the parties, but may also be heard and decided by a jury or judge in court.

Litigation Solutions

Joryn Jenkins of Open Palm Law has almost four decades of experience litigating various types of cases, including family law, bankruptcy, criminal, appellate, commercial, and equal employment. Let her experience work for you and your litigation.

FAQs for Litigation

No. There are many process options available to those experiencing family legal issues. Aside from litigation, a family may choose to mediate, collaborate, cooperate, or negotiate with or without attorneys.

If you are able to resolve all of your issues without litigating them, you will only be required to attend a short uncontested final hearing during which the judge will sign your final judgment of divorce.

You are not required to retain an attorney in family law disputes. However, it is wise to at least have one on retainer to consult with as questions arise. It is much harder to modify a final judgment than to obtain the original judgment, so it is important to get it right in the beginning.