Many couples understand that when getting divorce, the best scenario involves the two spouses working together to come to a resolution on terms such as property division and parenting time. Unfortunately, that is not always possible, and couples often reach an impasse when considering what is fair. When this is the case, the couple may consider entering litigation and taking their divorce to trial. Although this is sometimes an unavoidable situation, there are some things to consider beforehand.
The Cost of a Trial
The longer a divorce takes, the most expensive it is for the couple going through it. This is true no matter the type of divorce, but litigation is particularly costly. When a divorce enters litigation, the couple not only has to contend with other costs associated with the divorce, but they must also pay court costs and attorney’s fees, which often tend to increase if a case goes to court. The exact amount of a litigated divorce will still depend on a number of factors, but these cases can easily cost tens of thousands of dollars.
The Stress of a Trial
The divorce process is always going to be stressful for the couple going through it. However, a trial makes the process so much more contentious. It is a bitter process that is often compounded by regular court hearings and meetings with lawyers. Not only can this make the divorce process even more difficult, but those feelings of bitterness can also make it more difficult for a couple to co-parent after divorce.
The Time Associated with a Trial
When entering into litigation for a divorce, it will typically take much longer than mediation or other dispute resolution methods. Litigated divorces are dependent on the court’s schedule, which means that going to trial can easily take one year or more. Still, sometimes this is a better option than continuously attempting to negotiate with someone that is not interested in working toward a mutually beneficial agreement.
The Outcome of a Trial
One of the most worrisome aspects of a divorce trial for many people is the fact that they have little control over the divorce process. A judge will make the final decision on all terms, and ensure a fair outcome for all parties involved, even if it is not the resolution one or both of the spouses wanted. Still, when one of the parties refuses to negotiate in good faith, entering litigation is often the only option that can lead to a fair solution.
Our Michigan Divorce Lawyers can Help You Prepare for Trial
At Iafrate & Salassa, P.C., our Clinton Township divorce lawyers always strive for a fairly quick and fair divorce settlement that takes place out of court. Unfortunately, that is not always possible. In these cases, we are prepared to go to trial to help you secure the fair judgment you need. If you are considering divorce, or your negotiations are not going anywhere, call us today or contact us online to schedule a free initial consultation with one of our knowledgeable attorneys.