It’s a dilemma for some people to decide if they want to settle their divorces outside of court or just head to litigation. If you feel that your spouse is being unreasonable or that the custody or spousal support arrangements aren’t fair, then you may want to go to court. Similarly, if your spouse feels that you’re not being reasonable, they may ask to go to court as well.
The real question is if that’s going to be beneficial for you. Going to court is likely to draw your divorce out longer. It will also likely result in some decisions that you wouldn’t have made for yourself. There is always the risk that the judge will rule more in your spouse’s favor, too.
How can you decide if going to court is right for you?
There are several different things you probably should consider:
- First, look at the time. A divorce that goes to court can take a year or longer to resolve. You’ll also spend more time with your attorney.
- Second, think about negotiating. If you have tried to negotiate but haven’t been able to, then it’s smart to consider a trial. There’s no reason to continue trying mediation if it’s not working or to keep a conversation going when one side isn’t participating.
- Finally, look at the cost. A trial is likely to cost more than settling outside court, and you may not want to spend down your assets in that way.
Regardless of what you end up doing, your attorney will be there to help. It is their goal to get you through your divorce with an outcome that you can be satisfied with.