It should come as no surprise that divorce is an expensive process. However, many people focus exclusively on the costs associated with post-divorce arrangements like alimony or child support. In reality, the divorce itself has the potential to be extremely expensive.
This is one of the reasons why “collaborative divorce” is sometimes a popular option. A collaborative approach may potentially save some money, but there are still instances where taking your divorce to trial may be your only option.
When should I take my divorce to trial?
Usually, it is best to take a divorce to trial if you have exhausted negotiations with your ex-spouse and have no further recourse, according to Forbes Magazine.
Divorce is similar in scope to other civil lawsuits. Namely, it is nearly always better for feuding parties to try and settle the case out of court rather than go to trial if it is possible. Negotiating directly with your ex-spouse on terms will give you the most active say in the final divorce arrangements.
In this way, collaborating on a settlement is typically cheaper, faster and less stressful than going to trial. However, if you cannot compromise with your ex-spouse and negotiations have stalled, trial may be the only way to get a final result.
Will a trial get me what I want?
Not necessarily. Remember that an impartial judge will be arbitrating your case: he or she will not automatically favor you. You will need to put forth your desires in black-letter law. It is never a good idea to go to trial just to get a stage to make a point to your ex-spouse.