When to take your divorce to trial

On Behalf of | Nov 11, 2020 | Divorce |

There are many reasons why collaborative and mediated divorces are very popular. Choosing collaboration or mediation is a good way to keep the costs of your divorce on the lower side and get through the process as quickly as possible.

At its heart, divorce is a lawsuit. In most lawsuits, it is advantageous for the involved parties to mediate their disputes rather than litigate. However, understanding when litigation is necessary is also paramount. According to Forbes Magazine, a trial divorce may be better for you if you do not think you can negotiate effectively with your ex.

Why is mediation usually better?

The biggest advantage to collaborative or mediated divorce is that it allows you to bypass the courtroom all together. If you and your ex-spouse can negotiate reasonably on your divorce, not only will the process go much quicker; you also will have much more direct say in the end divorce terms.

Going to trial will require additional meetings with your attorney to prepare for court. You will also need to wait for the court to have time to hear your case. Waiting is part of the reason why trial divorce can last months longer than mediated divorce.

When is trial a good idea?

Negotiation requires the ability to communicate rationally with your ex-spouse. If your divorce is extremely acrimonious, it is unlikely that you will be able to negotiate effectively. In this instance, taking your divorce to trial may be your only legitimate option.

Negotiation is usually the superior option but not all of the time. If negotiating is getting you nowhere, consider taking your case to court.