Deciding whether to take a divorce to trial
Ohio residents who are planning to divorce may wonder about the relative benefits of settling the dispute versus taking a case to trial. There are different factors to consider, including the complexity of the family situation and how far apart the spouses are when seeking to negotiate some of the more contentious issues.
In cases where the spouses have not accumulated substantial assets or where they can agree on most issues, it can often make sense to avoid the time and stress of trial by negotiating a settlement. It may help to bring in experts to assist. However, in a contested divorce involving an extraordinarily argumentative or unreasonable spouse or significant assets, going to trial may help ensure a fair resolution.
The second factor to consider is which issues are causing strife. When spouses agree that spousal or child support should occur but cannot choose an amount, or disagree on ways to split valuable assets, it may be possible to reach a resolution outside of court. However, when the questions are about whether a person is entitled to any spousal support at all or whether one parent can deny the other any visitation with marital children, it can sometimes be best to let the judge decide.
Divorce can be complicated and frustrating, especially for those with no legal background. A family law attorney can help a divorcing spouse determine whether the case is ripe for settlement or if going to court would be the best option. The attorney can also assist with negotiations and valuation of assets, which can reduce stress on the client.
Source: Forbes, “Divorcing Women: Is It Best To Litigate Or Settle?“, Jeff Landers, May 22, 2014