The Divorce Trial Gamble On television, trials are exciting and justice almost always prevails. In reality, however, divorce trials are grueling affairs that leave many feeling unjustly treated. This is one of the reasons an estimated 95% of divorce cases settle without going to court. If you are contemplating a divorce trial, consider these pros and cons before taking the gamble.

PROS:

• If you’re unable to settle your case a judge and, in some cases, a jury decide for you.
• If the law is in on your side, the judge and/or jury should rule in your favor.
• If the law is on your side and the court misapplies it, you may be able to appeal the court’s decision.
• You may be awarded more at trial than you would have received if your husband had accepted your settlement offer or you, his.

CONS:

• Trials are usually expensive, lengthy and time consuming.
• Crowded court dockets can force you to wait months or years for a trial date.
• Your trial could be held on nonconsecutive days spanning several months.
• A judge and, in some cases, a jury who know little about you will determine your fate.
• The judge assigned to your case may have biases and prejudices that work against you.
• Courtrooms are public forums, which means there is no guarantee of privacy.
• Trials are adversarial in nature and can strain co-parenting arrangements.
• Cross-examinations can be grueling, degrading and infuriating.
• There is no certainty of the outcome of your case.

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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