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What to consider before going to trial

On Behalf of | Mar 18, 2020 | Family Law

In many cases, there is a good chance that you would prefer to settle your divorce out of court rather than going to trial. However, there are many situations in which seeking a resolution in the courtroom may be in your best interests, including if your spouse refuses to negotiate in good faith. Of course, there can also be several pitfalls that you should be aware of before deciding to take your case to court.

The outcome will depend on the facts of the case

During a trial, you will have the opportunity to testify as well as present evidence that bolsters your position. However, it is important to understand that the judge is not a therapist or someone who will be swayed by emotion. A judge is going to base his or her ruling on state law and the facts of the case. Therefore, going to court could result in an outcome that neither you nor your spouse anticipates.

Trials can be lengthy affairs

A trial can take over a year to complete. Depending on how complex and contentious the situation is, the trial could be drawn out even longer. In many cases, negotiations to settle the divorce will likely be much quicker. However, when your spouse is playing hardball or you both cannot agree on key issues, spending both time and money in negotiations could be not worth your while. In these situations, going to trial earlier can be beneficial.

You will always need to be available

One of the downfalls of a trial is that you’ll need to be available to provide critical information to your attorney at a moment’s notice. Furthermore, it may be necessary to take time off of work to appear in court as part of the proceedings. If you have children, it could be necessary to find someone to care for them while you are in court.

If you are considering taking a divorce to trial, it may be best to discuss your options with an attorney. He or she may be able to further explain the potential benefits or drawbacks of doing so. Your attorney may help create a strategy aimed at getting the best possible outcome in your case.