If you and your soon-to-be-ex are truly on opposite pages when it comes to divorce issues such as child custody and how to split assets, going to trial might be your best bet. However, it is important to consider what a trial will mean for you and your family compared to accepting a settlement.
Keep in mind that you can probably get your divorce over with sooner if you settle your case instead. This is because to go to trial, you will have to take time off from your work and spend months awaiting trial.
If you go to trial, you’ll need to sacrifice far more than just missing time at work. You will also have to spend a bit of money to be present in the courtroom and pay for the judge’s time. Between attorney fees and court costs, the expenses can quickly add up. When compared to a settlement, trials are significantly more expensive.
Going to court is a stressful endeavor for all parties involved. Beyond the time and monetary expense of going to trial, reaching a settlement can spare you and your children the emotional turmoil that prolonged court cases typically evoke. If you pursue going to trial, the lawyers will often need information regarding the court case immediately, and the stress of being constantly on call may take its toll.
Lastly, and maybe the most crucial reason you should reach for a settlement first, is that once you decide to go to trial, you’re handing all decision-making over to the court. Thus, if the outcome is something that you’re uncomfortable with, you have no other choice than to accept the ruling or spend a substantial amount of time and money going through the appeals process. To make the best decision for you and your family, it would be wise to speak with a divorce attorney.