Litigation in Family Law

Litigation is the legal process used when other resolution efforts—like mediation or collaborative law—haven’t worked, or when legal rights and personal safety are at risk. In both Nebraska and Iowa family law, litigation means using the court system to make decisions in cases involving divorce, child custody, parenting time, financial support, or other contested family matters.

Litigation typically begins with filing a legal action and may include motions, temporary orders, hearings, and a final decision by a judge. This process can be necessary in high-conflict situations involving dishonesty, financial withholding, power imbalances, or domestic violence.

At McGill Law, our litigation attorneys are experienced, strategic, and compassionate. We prepare you for each step, advocate for your rights in court, and support you through the emotional toll of the process. We serve clients in Omaha, Lincoln, Council Bluffs, and surrounding communities across eastern Nebraska and western Iowa.

We’re here for you—whether you're just starting the process or in the middle of a contested case.

What to Expect in a Family Law Litigation Case
If you're facing a contested divorce or custody dispute in Nebraska or Iowa, understanding the litigation process can help you feel more prepared and less overwhelmed. In this short video, associate attorney Taylor Matthias walks you through each stage—what happens in court, how to prepare, and how to protect your time, finances, and emotional well-being.

Frequently Asked Questions
What is family law litigation?
Family law litigation is the court-based process of resolving legal matters like divorce, custody, or parenting plans when out-of-court solutions aren’t possible or appropriate.
Do I have to go to court for my divorce or custody case?
If your case is contested—meaning both parties don’t fully agree—litigation through the court may be required. Uncontested cases can sometimes be resolved without hearings.
What happens during a litigated family law case?
The process typically includes filing court documents, responding to motions, exchanging financial information, attending hearings, and sometimes going to trial before a judge.
How long does litigation take?
Timelines vary depending on the court's schedule, complexity of the case, and level of conflict. Some cases resolve in a few months, others may take over a year.
Is litigation always necessary?
No. Litigation is used when collaborative law or mediation have failed, or when one party is unsafe, dishonest, or unwilling to cooperate. Your attorney can recommend the best path.
What makes McGill Law different in litigation?
McGill Law attorneys lead with empathy and preparation. We advocate strongly while also supporting you emotionally and helping you stay focused on long-term outcomes.