Why people should avoid divorce trials

On Behalf of | Sep 1, 2020 | Divorce, Family Law

Many divorcing couples in Minnesota will reach a critical juncture when each of the parties has a difficult decision to make. If the spouses are having difficulty coming to an agreement, they will need to choose between continuing to work for a settlement or going to trial. They need to understand everything that a divorce trial entails.

There are numerous costs of a divorce trial. The first and most obvious cost is the financial one as each court hearing requires an attorney not just for the time in court but also to prepare for the trial. The costs could run well into the thousands of dollars. Moreover, a trial might prompt a permanent break in the relationship between the two ex-spouses. This is especially harmful if they have children together whom they need to co-parent.

In addition, any court hearing will involve emotional stress. Trials are time-consuming, and a divorce trial can take over a person’s life for months on end. Even the party who wins will suffer a cost. As a result, the parties will likely find that it is best to keep working toward a settlement until it appears virtually impossible. There is a reason why most divorce cases will settle without a trial. Of course, there are some divorce trials that are unfortunately unavoidable because one spouse refuses to settle or be reasonable.

A family law attorney may advise their client that it is best to stay out of court. The attorney might assist their client in the negotiation of the divorce agreement in order to keep emotions in check and make sound decisions. The attorney’s counsel may inject some realism into their client’s viewpoint and keep them from heading down the path of a trial.