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When should I take my divorce to court?

On Behalf of | Nov 2, 2020 | Divorce |

Divorce is not always a difficult, drawn-out process. Of course, usually the decision to get a divorce is fraught; however, some divorces are ultimately very amicable and almost write themselves.

Collaborating on divorce usually is beneficial to all parties. However, it is also important to understand when to take the situation to court if necessary. According to Forbes Magazine, when deciding to take your divorce to court you should think about the odds of negotiating a better outcome, first.

How many kinds of divorce are there? 

There are two major types of divorce: collaborative and trial. Collaborative divorce does not involve a courtroom or a judge at all. In the majority of collaborative approaches, each party will have their own lawyer. Then everybody will sit around a table and negotiate out the settlement.

Collaborative divorce has many benefits: it typically takes less time and costs less money. Plus, you do not have to make the time in your schedule to attend court.

When is trial best? 

Collaborative approaches are usually better on multiple levels, but they do require both parties to be able to talk and negotiate past disagreement in a rational manner. If you do not think that you will be able to have fruitful conversations with your ex-spouse, you may need the additional structure and legal support that the courtroom and a judge will provide.

Remember that you will need to present your case in legal terms to the judge. Going to trial just to have a stage to “get back” at your ex is never a good idea.