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When should I take my divorce to trial?

On Behalf of | Dec 4, 2020 | Divorce |

There are many positive aspects to collaborative divorce. If you are unaware, collaborative divorce is a divorce process that does not involve the courtroom at all. Rather, both ex-spouses will come together and negotiate on the divorce terms.

Collaborative divorce is very popular because it is typically cheaper and quicker than trial divorce. However, there are some situations where you may need to take your divorce to trial. In order to make this decision, you must weigh cost and time against the likelihood of a positive outcome, says Forbes Magazine.

What makes collaborative divorce so much faster and cheaper?

Divorce is essentially a very emotionally charged civil suit. With any variety of civil suit, it is usually preferable for the aggrieved parties to come to a settlement outside of court rather than pursue litigation.

Negotiating directly with the other party will give you more power and control in the end results. Taking your divorce to trial means leaving the decision-making up to an impartial third-party judge who does not know your situation as well as you do.

Why would I choose trial?

Collaborative divorce is only as successful as the participants’ ability to negotiate. If you and your ex-spouse cannot have a civil conversation without an argument, it is unlikely that negotiating will get you very far. In this instance, taking your divorce to trial may be your only realistic option.

Remember that taking your divorce to trial will not automatically guarantee you get what you want. Rather, a trial gives you the ability to make your case couched in law and get the judge to agree with you. Emotional arguments need not apply.