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Should I settle or go to trial?

On Behalf of | Jun 29, 2020 | high asset divorce |

Most wish to get through divorce as quickly as they can, but sometimes this just is not possible. If you believe that your ex-spouse is trying to get more than his or her fair share out of the divorce settlement or is proposing unfavorable custody terms, you may wish to take your divorce to trial.

According to Forbes Magazine, before you make the decision to do this you need to carefully consider the impact on your time and stress levels.

How long does a trial divorce take? 

This depends upon multiple factors, but often it takes over a year for a trial divorce to finish. On the other hand, a divorce settlement often takes mere weeks. Preparing for trial itself will take a lot of time out of your schedule, time that you may have to take off of work.

However, depending on your circumstances a trial may be preferable to circular negotiations that never go anywhere. If you and your spouse truly cannot come to common ground on anything, trial divorces, while lengthy, may be the wiser decision.

What about my stress levels? 

Generally speaking, trial divorces are more stressful than settlements. However, a lot of this is due to the situation that surrounds the trial. Ex-couples who are able to come to an agreement generally go through a less stressful process as compared to ex-couples who cannot agree on anything.

However, a trial divorce can help you secure an outcome you find more favorable if you have a strong case and negotiations are going nowhere. It is important to discuss with your lawyer the pros and cons of taking a divorce to trial before making any decisions.