When should I take my divorce to trial?

In almost any aspect of the law, there are often weighty advantages to mediating disputes rather than litigating them. Litigation is often expensive and very time-consuming, no matter if the subject at hand is divorce or business law.

Particularly with divorce, there is a lot of pressure to try and settle to get the process over with as quickly as possible. However, it may not always be possible or most advantageous to do this. According to Forbes Magazine, if you are thinking about taking your divorce to trial you must consider the cost in time and money versus the potential benefits of a litigated outcome.

How does a trial divorce affect time and money?

You must meet with your attorney frequently if you are taking a divorce to trial. This alone will make the divorce cost more, as the more time you spend with your attorney, the more expensive the divorce is. You will also need to meet with your attorney for a settlement as well, but typically far less often.

Additionally, you will also need to take time out of your schedule to attend the actual trial hearings, which could require you to miss work. Finally, you will also need to wait for the court to have time to hear your divorce. Depending on your jurisdiction, you may need to wait for months.

How does a trial divorce affect the outcome?

Taking a divorce to trial does not guarantee that you will receive your desired outcome. However, in certain situations it may not be possible for you to effectively negotiate terms directly with your ex-spouse. For instance, if your divorce is extremely acrimonious, you may need the additional support that a trial divorce provides.