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Attorney Carrie Wilcox

Should you take your divorce case to trial?

On Behalf of | Nov 12, 2021 | Family Law

When you’re in the heat of the moment and dealing with a dispute, you might think that it’s better for you to take your divorce case to trial. After all, it’s there that a judge will listen to what you have to say and make a decision that binds you and your ex-spouse to the same outcome.

Unfortunately, court isn’t as predictable as you might hope it would be. The only time you should actively pursue going to trial is if you truly cannot settle your case beforehand. If your ex-spouse refuses to work with you and to negotiate, then it may be necessary.

Why shouldn’t you aim for divorce court?

There are many reasons why going to divorce court isn’t the best idea, but the main reasons are that:

  • You will lose control over the outcome of the case
  • You will likely end up spending more time on your divorce case
  • You will likely end up spending more money on your divorce
  • A divorce trial can be emotional and upsetting
  • You’ll lose your privacy if you go to a public court

Most of the time, it is more reasonable for you to settle your case and stay out of court as much as you can. This is typically a more affordable option and will allow you and your ex-spouse to have better control over the outcome. Collaborating and working together also makes it more likely that you’ll both be satisfied with the settlement, so you will have a lower chance of having to return to court in the future.

Time and money are certainly the main reasons to avoid going to trial, but stress is another major concern. It’s possible to amicably resolve your divorce disputes and to come up with a settlement outside of court. If you go to court, you may find that building a case and presenting it to the judge is more stressful to you. Additionally, not knowing the outcome could make you anxious or upset.

Trial should, in most situations, be the last thing you turn to when resolving your divorce. There are other methods that may help you settle sooner and more amicably.