When I sit down with a client to learn more about his or her case, one of the things I ask is, “How low do you think your spouse will go?”
One reason to ask that question is to be prepared for whatever the other side might do in litigation. Though every case is capable of surprise, it’s better to be as prepared as possible heading into litigation. If there’s something my client might be accused of, whether it’s true or not, we need to know about it.
My hope going into every case is that my client has been upfront and honest with me, fully disclosing everything I’d need to know. If you are my client, I will tell you, unequivocally, that you can trust me with all that you might possibly have to say about your situation. The more I know, the better I can litigate on your behalf.
If we find ourselves in a situation where the other side is going low in litigation by false or frivolous pleading–essentially, taking up the judge’s time with allegations that aren’t true or aren’t relevant to the case–I can file the necessary documents and work to dispense of those pleadings as quickly as possible. Unfortunately, it can sometimes take time and energy to take care of those matters. And the costs can add up if the other side continues to push.
Sometimes, if it’s clear that continuing to push will go nowhere, it’s possible to appeal to the other side by pointing out the escalating costs. Even someone who has dug in and continues to fight might realize, “Hey, I’m losing money, I’m not getting anywhere, and so this really just isn’t worth it.”
In litigation, I’m willing to fight for my clients, but I’m also looking to fight toward a resolution. While fighting is sometimes necessary, I see it as a means to an end, allowing my clients to get done with their divorces and work on building their post-divorce lives.