Not all divorce cases end up going to trial. If you and your former spouse are able to work out issues related to custody, asset division, and child support, you may be able to settle before going to court. However, not all couples can effectively negotiate on their own, in which case a trial is the better option.
How can you determine which option is right for your divorce? Forbes explains what you can expect from both so you can make a decision that aligns with your best interests.
You might have a better chance at trial
If you and your spouse have wildly divergent desires when it comes to major divorce issues, finding common ground is challenging. This is often the case in highly contentious divorces, during which every subject is hotly debated. If you are relatively certain your spouse will not agree with your wishes, appealing to the court can improve your chance of a successful outcome. Judges make determinations based on the facts of the case, completely free of bias. If your ex is behaving unfairly or being combative, the judge may take it into account when making a decision.
Your case might be resolved quicker if you settle out of court
When divorces go to trial, the process is typically a drawn-out for a year or longer in complicated divorce cases. There is also a lot more work involved when going to trial, which means more of your time must be spent working out the details of the divorce. Conversely, settling can sometimes be resolved in just a few months, provided you and your ex are able to efficiently work out issues.
You may experience more stress when going to trial
Divorces are hardly ever stress-free affairs, but the longer the process, the more stress will be a factor. This stress can impact you, your decision-making ability, and your kids. However, stress can also be a factor if you are involved in endless negotiations that do not seem to go anywhere.