Over time, a common form of divorce has fallen into the category of traditional divorce through litigation. In a traditional divorce each party hires an attorney to represent them throughout the divorce process.
Though the parties are free to communicate with one another, most of the negotiations between the parties go through their attorneys. Settlement may be available through mediation or 4-way settlement negotiations with the parties and their Attorneys.
However, if a resolution cannot be made, the case may proceed to a trial where a judge will make the final decisions. A traditional divorce utilizes various litigation tools such as: subpoenas, requests for production, and depositions to use in hearings or trial. At trial, both parties will make opening statements to the judge regarding the basics of their case.
Each party will then proceed with their legal arguments, based on various forms of evidence, including possible witness testimonies. The parties will conclude the presentation of their case through closing arguments. During trial, both parties attempt to present their opponent in the worst possible light and as such the entire trial process is emotionally difficult. Few people tend to be genuinely happy with the results because a stranger is ultimately making decisions that affect the rest of that individual’s life.