Navigating divorce negotiations can be challenging. Estimates say approximately 95% of divorce cases are settled outside the courtroom. While there are benefits to reaching an agreement outside of court, there are times when it may behoove you to go to trial.
How do you know which scenario is best for you? There are many factors to consider before embarking on either path.
Taking it to trial
Going to court makes the negotiation process more expensive, but it may be necessary if you and your spouse cannot agree on different aspects of the divorce settlement, such as property division, custody or alimony.
In some cases, negotiations may drag on, with neither side willing to compromise. There also may be situations where you have no choice but to go to trial, such as if your spouse is abusive or you believe they are hiding assets. If you have extenuating circumstances like these, it may be time to take your case to court.
Negotiate on your own
If you and your spouse are willing and able to settle outside of court, there are several benefits to this option. When a couple negotiates and reaches a settlement without a trial, the process can be less expensive. Additionally, you make the final decisions, not a judge.
However, negotiations are rarely simple, and even settling outside of court isn’t a 100% guarantee negotiations will go smoothly. Emotions run high during a divorce, which is why you need the help of a professional attorney who works in your best interests.
The ultimate goal is to reach a fair settlement that ensures a stable financial future. Whether you settle out of court or go to trial, it’s wise to hire a professional law firm, like the team at Landerholm Family Law, to guide you through the process.