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When to take your divorce to trial

On Behalf of | Sep 23, 2020 | Divorce |

Divorce is a difficult process, so it is no surprise that most people want to get it over with as quickly as possible. Generally speaking, divorce settlements take much less time as compared to trial divorces.

In the majority of cases, it is advantageous to try to settle your divorce through collaboration or mediation as compared to taking it to trial. However, in some situations you may need the additional support and legal backing the trial environment provides. According to Forbes Magazine, when deciding whether or not to take your divorce to trial you must weigh time and money against potential outcomes.

How does a trial divorce affect time and money?

Trial divorces can take over a year, as compared to the average settlement which usually takes a few months. Not only will you need to budget time for the actual trial itself, you will also need to spend time with your lawyer prior to trial dates planning for courtroom sessions. Additionally, you will also have to wait for the court to make time in its schedule to hear your case, which can require a lot of waiting.

How does a trial divorce affect outcomes? 

If negotiating with your ex-spouse is getting you nowhere, you may need to take a divorce to trial even if you would rather settle. If you believe that you deserve more time with your children or larger amounts of child support or alimony, you will need to prove this using law-based arguments to the judge.

It is not a good idea to take a case to court just to “have your day” and talk about how frustrated you are. Working with a professional is a must before taking any divorce to court.