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Divorce settlements vs. trials

| Sep 23, 2020 | Uncategorized |

Most of the time, people in Illinois and throughout the country want their divorces to stay amicable. They figure they loved that person at one time, so there’s no point in being harsh now; they should just make a clean break and move on. But sometimes, a couple just can’t reach a settlement. For example, one partner may be acting unfairly and refusing to divide assets properly. At those times, it may be prudent to consider going to trial.

The pros and cons of divorce trials

Divorce trials usually take longer than settlements. In fact, a divorce trial can last over a year before it’s fully resolved. The time it takes depends on the court’s schedule, not the parties involved. A trial divorce can also be much more expensive than a settlement. During a trial, court appearances are required, and the parties need to prepare with their lawyers before each court session.

Another downside of a trial is the stress that comes with it. Sometimes, lawyers need documents for court right away. Their clients have to produce them for a tight deadline. There’s also the issue of courtroom appearances because most people aren’t comfortable in that environment. The uncertainty of not knowing how the case will be resolved can be anxiety-provoking, too.

The one advantage of a divorce trial is that the outcome may be more equitable. For a couple that has been struggling to arrive at a settlement, this may be a good enough reason to endure a trial.

When people who need to decide whether a divorce trial is right for them, the first step is speaking with an experienced family law lawyer. The lawyer may help a client understand their options and the potential outcomes.