When thinking about divorce and other family law matters, you should consider litigation as the last alternative, after negotiation and mediation have failed. There are several reasons to avoid litigation if at all possible:
- Litigating divorce and divorce-related issues (such as alimony, equitable distribution, child custody and child support) is the most expensive means of resolution of marital issues (often costing twice to five times as much as mediation or other alternatives).
- Litigating divorce and related family law issues typically takes longer (often taking months, if not years to resolve) than negotiating and resolving these issues in a separation agreement or through mediation.
- Litigating these family law matters results in you having less control regarding the outcome—a judge in North Carolina divorce court will ultimately make the decisions you may have been able to make yourself for you.
For these reasons and more, our divorce and family law attorney at the Law Office of James Tyler Brooks advises his clients to seek resolution of these matters on their own terms and to only put their divorce issues in front of a judge as a last resort. We firmly believe in assisting our clients in making wise, rational decisions and forming a strategy that will be cost-effective and minimize emotional duress. The litigation process often exacerbates emotional issues, removes decision-making authority from our clients, and drives up the costs of obtaining a divorce.
Given the nature of divorce in Raleigh, as in other areas, our family law firm understands that not every case can reach a successful conclusion via negotiation. We realize that sometimes, despite the best efforts of our firm and our clients, we must sometimes take their cases to trial. When parties are unable to resolve their family law issues through a negotiated separation agreement, mediation or collaborative law, our divorce attorney will zealously represent you in court. Just because we believe litigation should be a last resort doesn’t mean we will not vigorously advocate for your interests in litigation.
The litigation process begins when one party files a complaint in Wake County, North Carolina District Court. Divorce and family law complaints typically include claims for child custody, child support, post separation support, alimony, and/or equitable distribution of the marital assets and debts.
In Wake County, divorce and family law issues are handled in Wake County Family Court. Once a complaint is filed in Wake County, the court system will assign your case to a judge. That judge will remain your assigned judge throughout all of the hearings in your case—no matter the duration of your case. Four judges currently receive family law cases in Wake County Family Court.
Hiring a divorce attorney in Wake County, NC is of utmost importance. While divorce attorneys in other counties may be very capable of handling your case, they are typically not as well-versed in the rules and procedures of Wake County Domestic Court as a family law attorney based in the Raleigh/Cary area. The Law Office of James Tyler Brooks has operated within Wake County since its inception—we know Wake County and the rules and procedures of its court system.