Divorce can be a tedious, stressful, emotionally exhausting, and financially draining endeavor. A divorce trial can make this already difficult situation overwhelming. As a result of the immense stress, money spent, time wasted, uncertain outcomes, and great risk of loss, an estimated 95% of divorces never even make it to court, and are often settled on the courthouse steps.

If you're considering divorce or in the middle of a divorce, carefully consider all that a trial entails before you let it get that far. Using mediation, collaborative divorce, or negotiating an agreement on your own with a lawyer's assistance are all good alternatives to consider.

If you do decide to go through with a divorce trial, knowing what to expect in court and being prepared are key to making the experience less stressful for all involved. Take a look at the pro's and con's of litigation; decide what you really want, and make the best decision for you.

Pros of a Divorce Trial:

• If you are unable to communicate with or reach a decision with your spouse, a judge or jury will do it for you


• Once a decision is reached by judge or jury it will become a legally enforceable judgment


• If the law is clearly on your side in your case, the judge or jury should rule in your favor; the odds are with you


• Ongoing relations with a former spouse could potentially be less strained if the ruling is made by a third party


• If after the decision is made you feel the law was misapplied, you may be able to appeal or set aside the judge or jury’s decision


• You may be awarded more than if you had accepted your husband's offer or if he had accepted yours

Cons of a Divorce Trial:

• Couples who participate in divorce trials and have decisions mandated by judges and juries often express a much lower level of satisfaction with the results than couples who use a mediator or otherwise settle out of court


• When a judge or jury decides your case you give your control away to a third party


• Trials are expensive and most of your money spent on lawyers, professional evaluations, witnesses, court costs, etc.


• Divorce trials can take up time, dragging out the divorce leaving you waiting months or years for closure


• Dates for trials can be scheduled in non-sequential days, adding to stress, loss of money, and inconvenience


• Your fate (and your families) is left in the hands of a stranger or many strangers


• The judge assigned to your case may have biases and prejudices that work inherently against you


• Courtrooms are public forums and transcripts, public record; the confidentiality of your case is not secure


• Trials can further strain relationships between former partners making it harder on children in co-parenting situations


• Cross examinations can be brutal, grueling, intrusive, and stressful


• You can't directly influence the outcome of your case


• There's no guarantee of a successful outcome

The court systems are over-burdened with judges who've become calloused, rushed, and uninterested in the specifics of most divorce cases. In trials by judges or juries you risk becoming a number, not an individual whose future is at stake.

When there's a chance of resolving the divorce without going to trial, you should attempt to make that work. You'll save money, time, and relieve a little stress. The sooner your case is over the sooner you'll be able to move on and begin the healing process. If you’ve tried everything and you can't reach a settlement, the court system may be your only option and should be used.

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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