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  • Cindy Wysocki

The Perils of Endless Litigation: Why not to Pursue Personal Justice in Family Law

Family law cases are undoubtedly emotionally charged, often revolving around extremely sensitive matters – namely money and kids. While seeking justice may align with the ideals learned in school, the pursuit of one's personal ideals in family law litigation can be personally and financially disastrous, with kids suffering significant collateral damage. In this article, we explore the risks and consequences of never-ending legal battles and discuss alternative approaches to achieve resolution. 

Financial Drain: 

Engaging in prolonged litigation can be financially crippling. Legal fees, court costs, and other related expenses accumulate over time, potentially depleting resources that could be better utilized for the well-being of family members, including children.  

Emotional Toll: 

Constant courtroom battles take a toll on emotional well-being. Extended disputes contribute to heightened stress, anxiety, and strained relationships among family members. The emotional cost of never-ending litigation can be immeasurable, especially to children who are innocent bystanders to parental conflict. 

Time Consuming: 

Family law cases that drag on indefinitely consume valuable time. Years spent in courtrooms could be spent rebuilding lives, attending therapy, cultivating new interests and hobbies, working out, and fostering healthier relationships. Time lost in litigation can never be regained. 

Unpredictable Outcomes: 

The outcome of a family law case is never guaranteed. Prolonged litigation does not necessarily lead to a more favorable result, and the uncertainty surrounding court decisions can exacerbate stress and anxiety. It is not uncommon for litigants to experience a temporary "win" in a hearing, motion, or trial. However, this apparent victory can swiftly transform into a "loss" in subsequent rounds of conflict when the court aims to restore balance and fairness to the proceedings. In the cyclical nature of legal battles, what may seem like a triumph in one phase can quickly give way to defeat in the next. 


While seeking justice is a noble pursuit, the path of endless litigation in family law cases rarely yields the desired results over the long term. The financial, emotional, and time costs can be substantial. Children caught in legal battles often find themselves as unintended victims of the very litigation meant to shield and safeguard their well-being.  Exploring alternative approaches that prioritize resolution, collaboration, and the well-being of all family members – especially children - may ultimately lead to a more satisfying and sustainable outcome in family law matters. Remember, finding a path forward that promotes healing and growth is best achieved is within the family context, away from the public courtroom battle.  Private resolution allows for customization and creativity that cookie cutter court proceedings cannot provide. 

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