Divorce strategy and high stakes litigation

Every client who hires Scroggins Legal is unique. We are known for being effective and getting results. Knowing when to be aggressive and how to leverage your position is vital. High stakes divorce cases involving children and parenting issues, domestic violence charges and include a compelling list of facts and circumstances can involve one parent seeking a greater than 50-50 division of the community property in the marital estate. Cases where a judge could order a 55-45 or 60-40 split require litigation strategy necessary to prove the allegations of fact in the petition for dissolution of marriage.

Especially in divorces involving children, a strategic litigation plan is imperative. Experience and sophistication in litigation is necessary to address all that may arise during the divorce case.

Everything is fair game

As we note above, Texas is a community property state, and with some exceptions, all property acquired during the marriage belongs to both spouses and shall be divided in the divorce. Property in the possession of either spouse at the filing of the divorce is presumed to be community property, including real property, money, airline miles and royalties from a published book, for example.

Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization, the experienced required for which is important when working with clients to investigate and determine the complete list of assets and inventory that make up the marital estate.

Litigation planning

During the pre-trial discovery phase of a divorce the parties exchange discovery documents and information used to investigate and prepare to prove the allegations we make in divorce pleadings. Experienced trial lawyers are good judges of how a case is going to proceed based on how the opponent answers discovery requests.

Taking your opponent’s deposition and comparing their testimony with the rest of their discovery responses and the use of subpoenas is helpful when you need to impeach their credibility for making false statements under oath.

Experts and investigators working with your divorce lawyer compile the information gathered during investigations to prepare to prove your case and win in court.

Being prepared for trial

While many divorce lawyers settle most of their cases, Mark Scroggins is always ready to go to trial. High net worth divorce cases, domestic violence, child custody and other high conflict cases are tried in court to a judge or jury. Being prepared for trial means charting what evidence you need to prove your case and building that evidence to win at trial.

Meanwhile, there are divorce lawyers who say they are ready for trial and it might just be talk while they just want to settle the case. Is it because they are not prepared for a trial, or is it because they know they cannot win at trial?

Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization and has extensive legal knowledge gained in his many years of experience to advise and represent his clients through their divorce and family law case. Call Scroggins Legal in Plano, Texas to schedule a consultation on the website or by dialing (469) 626-5220.