While it is easy to fixate on the stressful nature of going to court to finalize a divorce, much of the most difficult work takes place before the trial begins. In that case, a court will respect the decisions taken on the home in a partial settlement and address only the remaining issues. For example, suppose a previously married couple can decide how to split the marital home but cannot agree on asset division. It is important to remember that just because a divorce goes to trial, that does not mean that both parties give up all rights to independent agreements. Divorces cannot go on forever, and when it becomes clear that neither side is willing to concede on certain points, it becomes necessary for a Judge to intervene. However, it goes without saying that some aspects of a marriage cannot be settled. Standing in front of a Judge alongside your former spouse risks both parties being disappointed. Taking a divorce to trial could be considered a literal last resort. Indeed, a Judge may consult with your lawyer on the trial date as they pursue one final opportunity to conclude the divorce process before the trial begins. If there is any opportunity to settle either before or after filing a court case, they will make you aware of the option and advise on whether settling makes sense. The nature of family law means that there are always numerous opportunities to reach an amicable settlement, no matter the differences between the soon-to-be former spouses. In many cases, a divorce lawyer will actively look to reach some form of settlement, and a trial is typically not in the interests of anyone involved. From the simplest to the most complex, most divorce cases reach a settlement between all parties before they head to trial. If you’re thinking, ‘do I want my divorce case to go to trial?’, it is worth considering that very few divorces ultimately appear in front of a Judge. Speak to a member of our team now by calling us at 93. We will ensure you always understand the options available to you, help form an action plan for peace of mind and represent you and your interests through negotiations, mediation, and, where required, in front of a Judge. Whether you require help with avoiding taking your divorce to court, want to explore the options available to you, or have any other questions, the legal team at Skillern Firm is here to help. Speak to an Attorney from Skillern Firm About Your Divorce However, it is important to put forward the most compelling case possible in your favor with the aim that the Judge will agree with your perspective.ĭoing so requires support, guidance, and expertise, and that means working with a divorce attorney that takes the time to understand the unique nature of your case and always has your best interests at the heart of everything they do. That in itself can bring a sense of relief, especially when negotiations have been lengthy and all-consuming. Individuals effectively give up control over their affairs and the option to negotiate in return for a binding, final ruling. This inevitably means that at least one party will not get what they want. When an individual and their ex-spouse cannot agree on the division of property, and child custody, it falls to a Judge to decide on their behalf based on the cases presented. Perhaps the biggest source of anxiety is the uncertainty that divorce trials involve. Do I Want My Divorce Case to Go to Trial?Ĭontested divorces are always stressful and extremely challenging, but divorce trials can take pressure levels to a new level.
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