Not all divorces end up going to trial. Many spouses are able to work out the differences between them and settle on their own terms, which is often thought to be the best course of action.
However, not all divorce issues can be settled between two spouses on their own. There are times when you will be better served by a trial, especially if you are finding the negotiations process tough to navigate.
Trials usually take more time
It is true that trials usually take longer, especially when you are working through complex issues like asset division or child custody. But settlements can take quite a long time as well when you do not see eye to eye with our ex. Many people want a divorce to be a speedy process. The longer it is drawn out, the more pronounced the emotional effects.
Settling might be less stressful
If you are like most people, you also want your divorce to be as stress-free as possible. Once again, coming to an agreement with your ex is often considered the less stressful prospect. You will not need to worry about the increasing costs for attorneys and court fees, and you will also be spared by the sometimes tense atmosphere in the court. However, do not agree to a settlement that is not in your best interest just to limit stress.
The best option brings you closer to a favorable outcome
Even when issues are similar, no two divorces are alike. The best option for you is the one that brings you closer to the best possible outcome. For example, if your ex is angling for sole custody but you have evidence to show that shared custody is in the best interest of your child, a trial would be the better option when negotiations break down. Keep in mind that whatever the court decides at your trial will be binding, and failure to adhere to court orders can leave you compromised legally.