The drawbacks of going to trial vs. taking a settlement

On Behalf of | Aug 13, 2020 | Divorce

Couples petitioning for divorce in Indiana and beyond should be aware that a trial can lengthen the divorce process. When settlement negotiations start to break down, a trial might seem like the only option, but it comes with its own set of challenges. However, if the individuals feel like the settlements are going nowhere, a trial might end up being the only option.

To start, a trial can go on for a year or more, while settlements are typically finalized with a month. The trial might be scheduled for a date that’s months away, leaving both parties waiting uncomfortably in the meantime. A trial also requires much more preparation, and the individuals might have to take off work for their appearances.

A trial can also cost much more money than a settlement. The individuals will have to pay lawyer fees, court costs, and more, which can end up costing tens of thousands of dollars. Additionally, a trial is much more stressful. While a settlement might be wrapped up quickly, a trial goes on for months and causes extra stress on both participants. The individuals will have to be immediately available to supply their lawyers with information, whether they’re at work or driving their kids to school. The stress of the divorce can end up affecting their mental and physical health, as well as their home life.

Individuals looking to petition for divorce might wish to speak with a divorce attorney. A divorce attorney can help them build the strongest case possible, whether they’re looking to negotiate a settlement or take the case to trial. A divorce attorney might help their client divide assets in a way that’s suitable for both parties. Working with a divorce attorney can also help the client figure out complicated situations like child support, child custody, and spousal support.

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