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Wyatt Hardy, PLC

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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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When should I take my divorce to trial?

| Dec 3, 2020 | Family Law |

In the majority of cases, collaborative or mediated divorce is a superior divorce option. These types of divorces tend to end quicker and be less expensive than a trial divorce. 

However, there are some situations where you may need to take your divorce to trial. According to Forbes, when you are making this decision you must weigh the time and cost benefits of collaborative divorce against the potential positive outcomes of trial divorce. 

Why are collaborative divorces better?

Like other civil suits, divorce is a financial lawsuit. In pretty much any variety of law, it is advantageous for feuding parties to try to settle outside of court rather than file formal lawsuits. Divorce is no different. 

Collaborative divorce will also allow you to negotiate directly with your ex-spouse over divorce terms. With a trial divorce, you will end up with a randomly selected judge to hear your case and ultimately wield decision-making power. 

When is trial divorce better?

Successful collaboration requires negotiation. In some cases, the situation between ex-spouses is so toxic that they cannot fruitfully collaborate. When this occurs, having a neutral third party making the decisions may be the only realistic option. 

Keep in mind that you will need to present your case to the judge couched in law. It is never a good idea to go to court simply to “make a point” to your ex-spouse. If you do trial divorce correctly, you will likely end up making many compromises, the same way you would if going through the collaborative process. It is just that a judge will be making those decisions for you.