LITIGATION

Litigation

Litigation is, and should be the last resort for resolution of family court issues. Parties taking an adversarial stance, while sometimes necessary, is never the best way forward. Nevertheless, Nancy is an experienced trial attorney and is able to aggressively represent your interests in litigation should it be necessary. She has conducted a countless number of trials when methods of alternative resolution have failed.  She is able to identify and secure the collection of data which is necessary to present your case and successfully do so at trial.  In order to make clear choices Nancy will educate you about your options and the potential consequences of each.  If you need to consult with a therapist, an accountant, an appraiser, your priest/pastor, or family members, you will be provided the opportunity to do so. With regard to therapists, Nancy often works hand in hand with her clients’ therapists, to help “ready” her clients for the tasks at hand.  Clients are encouraged to be proactive and to help themselves by completing tasks on their own when they are able to.  Successful litigation results from the cooperative efforts of the client and his/her attorney.  Choosing an attorney who is interested in resolving issues without court intervention and who is experienced and able to litigate a case, is ideal.  Furthermore, opposing parties who know that their spouse’s attorney is “trial ready” often are motivated to avoid trial and it promotes agreements between the parties.

The Adversarial Process - Litigation

Litigation offers the protections of formal discovery and legal advocacy. However its outcome is unpredictable.  Certain controls are lost and there is usually significant financial tolls and emotional cost. Litigation becomes necessary when the parties remain at an impasse and fail to resolve one or more issues in dispute.

Even when a substantial agreement exists on a number of issues, when a matter remains in dispute litigation is the method for resolution by judicial determination.

As your lawyer, Nancy will communicate directly with an unrepresented opposing party or his/her attorney. Nancy will prepare and sign court ready documents, and when necessary she will present evidence, argue, and negotiate on your behalf.

 

Factors used to determine distribution of assets, alimony, and child support:

Duration of the marriage
Age of the parties at the time of the marriage and at the time of divorce
Physical condition of the parties
Emotional condition of the parties
Education of the parties
Employment history of the parties
Earning potential of the parties
Standard of living during the marriage
Current and reasonably anticipated earnings of the parties
Current and reasonably anticipated expenses and needs of the parties
The value of the parties’ marital property/assets and the contribution of each party to said assets
Non-marital property of either spouse
The impact that children will have on the parties’ ability to earn/income
Marital misconduct/Fault
Tax consequences
The existence and extent of prior support obligations from a prior marriage/child(ren)

Nancy has conducted a countless number of trials when methods of alternative resolution have failed.

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Vavra_V

VAVRA LAW, P.C.

SOUTH CAROLINA  |   FAMILY LAW

1476 Ben Sawyer Blvd, Ste 3
Mount Pleasant, South Carolina 29464

843.284.8667

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