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When should I take a divorce to trial?

| Sep 23, 2020 | Divorce |

In the vast majority of divorces, it is more advantageous to try and negotiate divorce terms and settle as compared to taking the divorce to court. Taking a divorce to court can be extremely expensive both in time and money, and often is very stressful.

However, in certain situations it is a better idea to take the divorce to court rather than try to negotiate. Generally speaking, if you believe that you will not get your preferred outcome by trying to negotiate you should take the divorce to trial, as per Forbes Magazine.

If I take my case to court, will I get what I want?

Not necessarily. In fact, the majority of couples prefer to go through the negotiation process with each other because this is the most straightforward route to satisfaction in most cases. Going with a collaborative or a mediated divorce allows both parties to have more say in what the end result is.

However, in certain situations negotiating with your ex-spouse may not be desirable or even possible. Taking your case to court will not guarantee that you get the amount of alimony you wish or the percentage of child custody you desire. You will need to accept the end ruling of the presiding judge.

What happens if I am not happy with the judge’s decision? 

If you are not satisfied with the outcome of your trial divorce, it is possible to file an appeal. However, this process is also extremely costly and time-consuming. Prior to taking any divorce to court, you should consult with an attorney to figure out where your best interests lie.