Irvine, CA family law attorney Marc Garelick talks about his experience in family law litigation. He advises that family law litigation shouldn’t be the first instinct when someone is going through a divorce. Jumping straight into a courtroom battle—the “War of the Roses”—is rarely productive. The better approach is to attempt to resolve issues amicably while preparing the case in the background. If a dispute becomes unresolvable, whether because one side is unreasonable or due to a personality disorder that prevents settlement, it’s important to identify this early to streamline the litigation efficiently.

He stresses that litigation is expensive. Anyone who says otherwise is not being honest. It requires time, energy, and money: lawyers must draft pleadings, prepare for hearings, and present the case effectively. Litigation is also time-consuming—it’s not like the 30-minute courtroom dramas seen on TV. Family law cases can take months or even years to reach trial, during which evidence must be carefully compiled and presented.

Another key point he makes is that being stuck in the public court system is often counterproductive. Attending a few hours of trial here and there over several months or even years can unnecessarily prolong the process and drive up costs. There are alternatives that can make litigation more efficient, such as using a private judge, participating in settlement conferences with a settlement officer, or working with a case manager or discovery referee to handle specific issues. He emphasizes that clients should discuss these options with their attorney to determine which methods are appropriate for their case and how to streamline the process effectively.