Those who are in the midst of a divorce in Illinois are often faced with the decision of whether to settle the case or go all the way to trial. There are many things to consider when making this choice.
There are definite benefits of settling a case. Divorce trials can be expensive and bitter. Often, those going through a divorce are better able to get on with their lives if they are able to put the entire case behind them, and a trial keeps the divorce going longer. A lengthy divorce is a traumatic experience that may last a lifetime for those who have experienced it. At the same time, court costs add up quickly, and potential litigants need to ask themselves if what they want is really worth it.
However, many people find that they are getting nowhere in settlement negotiations. Some spouses may absolutely refuse to make a reasonable offer if they even make one at all. Sometimes, a divorce trial is necessary to get a fair share of the marital assets when talking will not accomplish the job. However, before making the decision, an individual should consider whether there is something tangible at stake or whether they are simply trying to prove a point. If the answer is the latter, then a trial is not in their best interests.
A family law attorney may advise whether a divorce trial is necessary to achieve critical financial outcomes. The attorney may assess the situation and help determine whether a client is better off trying to negotiate a settlement before they head into court. Attorneys might also counsel clients on the possible risk versus reward profile of any legal decision that they would make. In some cases, the attorney may advise that a divorce trial is unavoidable and necessary based on the circumstances.