Will I have to go to trial to finalize my divorce?

If you are approaching the dissolution of your marriage, you no doubt have a number of concerns. Because a marriage involves virtually every aspect of your life, you will be faced with a number of changes after a divorce. These changes can include where you will live, how your children will adapt to their new situation and even how you will get by financially.

In addition to all of these things, you may also be worried about the divorce process itself. After all, you will likely have many issues to resolve such as property division, child custody, child support and perhaps even alimony. And one important question you may have asked yourself is if you will have to go to court and have a trial to get the terms of your divorce finalized.

Well, the good news is that typically, divorcing couples are able to arrive at an agreed upon settlement without having to let a judge make the final, binding decisions. This is usually for the best because accepting a settlement can take less time and be less expensive than going through the trial process.

However, there are situations where it may be in your best interests to pass on the settlement your ex is willing to offer and take matters to trial. For example, if your ex is drawing a hard line and refusing to pay any spousal support when you know you need that money to start your new life, then seeking a judge’s ruling could work in your favor.

Every divorce is different and has its own set of circumstances to consider, so there is no steadfast rule about when to go to trial and when to accept a settlement offer. This is why enlisting the advice and guidance of an experienced divorce attorney can be so beneficial. An attorney can assess every aspect of your divorce and help you negotiate a fair settlement. And if your ex will not provide you with reasonable terms, the attorney could help you take your case to trial.