A good negotiator is not intiminated by the threat of litigation. Of course, negotiation is usually the preferred method of resolving matrimonial cases, but in some cases, one party is not realistic in their demands, and is determined to have a trial on any of a myriad of issues (i.e. division of assets, allocation of debts, maintenance, and child support or child custody).
In my twenty plus years of experience, I have had ample experience litigating custody, maintenance, and equitable distribution matters. I advise clients that while litigation may be a last resort; it may be necessary if I am reasonably certain that a judge, after hearing the evidence, would fairly settle the matters at hand.
Even if the parties begin the process of a contested divorce, I can assist in reaching agreement on the material terms of the divorce before a trial. Often, I proceed on two tracks—litigation and negotiation. With a spouse who is delaying or ignoring the divorce, it is often helpful if the case is put on the court’s docket because there are certain deadlines which the court imposes such as exchange of financial documents. Even while adhering to the court’s deadlines, parties and counsel may be exchanging settlement proposals and/or having settlement meetings.