PROCESSES IN DIVORCE
By Maribeth Blessing, Esquire
Litigation
I. Definition
A lawsuit. Legal action, including all proceedings therein.
Contest in a court of law for the purpose of enforcing a right
or seeking a remedy. A judicial contest; a judicial controversy;
a suit at law. Black’s Law Dictionary, 5th Edition
II. Participants
A. Parties to the divorce action - Husband and Wife; Third
party with standing in Custody; Witnesses; Experts, if needed
B. Counsel, if represented
C. Hearing Officers, Masters and Judges when adjudicated
D. Children; Pursuant to Pa. R.C.P. 1915.11(b)
The court may interrogate a child, whether or not the subject
of the action, in open court or in chambers. The interrogation
shall be conducted in the presence of the attorneys and, if
permitted by the court, the parties. The attorneys shall have
the right to interrogate the child under the supervision of
the court. The interrogation shall be part of the record.
III. Nature of a Suit
A. Adversarial
B. Lawyers advocate the interests of their client
C. Judges make decisions based on the best interests of the
children, and the equities of the matter
D. Negative impact on the family; trickle down effect
E. Win/Lose outcome
F. Litigation can be prolonged, fragmented, and expensive
|
