Some divorces are open-and-shut cases. Then, there are those that get messy. Plenty of divorcing individuals are not sure if they should settle their divorce or take it to trial, which is understandable. Going to court can bring up a lot of claims that make the proceedings unpleasant. Here are some things to consider that may make the decision clearer.
Time should be taken into consideration. A divorce that goes to trial can take over a year in court while a settlement is often reached within months. The longer a case goes, the more fees both parties can expect to accrue. Fees that the spouses will incur include court costs and attorney fees. Then, there is the stress of going to court, and each party has to prepare. When they go before a judge, they have to be ready for their legal teams to do what it takes to receive a favorable judgement.
Time spent in court spills over into the rest of everyone’s life. Missing work or needing a babysitter in order to attend court dates is common. The spouse who receives the settlement they wanted by going to trial will probably say that it was worth it. The spouse who is not getting the settlement they seek without going to trial is probably also willing to take the gamble.
Ultimately, going to court depends on the spouses and their attitude toward each other. If one spouse truly believes that the only way to get their settlement is to go to court, they may wish to do so with the help of a legal professional. Anyone considering divorce is advised to procure legal help from a family law attorney to handle the proceeding.