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When should you settle a divorce or go to trial?

| Apr 14, 2020 | high asset divorce |

While most divorcing couples in Michigan understand that working together to find an acceptable divorce outcome for both parties will be a faster and less expensive process, it’s not always that easy.

Sometimes, going before a judge is the only feasible option when one spouse wants more than their fair share of marital assets or seeks a disproportionate child custody arrangement.

The primary considerations of settling vs. going to trial

While divorce can take an emotional toll on families, there are four main issues both parties should weigh very carefully before letting a judge decide for them. These include:

  • Time: Divorce trials can last a year or more, depending upon the court’s schedule, while the typical settlement can be achieved in a few months. However, time can be wasted when one or both parties aren’t willing to negotiate in good faith.
  • Money: The more time you spend litigating a divorce, the more it will cost. Those expenses can add up quickly by choosing the trial route, as you’ll pay court costs, more in attorney fees and related expenditures.
  • Emotions: Typically, the longer and more contentious the process, the larger toll it will take on you and your extended family. Being beckoned to court or spending more time with your attorney working on strategy can impact not only your personal life but also your career.
  • Results: Of these four considerations, this is the one that likely could tip the scales for going to court, especially in a high-asset divorce. Your only option to receive a fair outcome may be going to court if your spouse is being unreasonable over distributing assets or determining a child custody arrangement.

Go to court when it makes financial sense

While litigating a divorce may be the only logical option when negotiations fail, remember in doing so that you are letting the judge make those decisions for you. An experienced family law attorney here in Michigan can help you determine which route is likely to lead to the best results for you and your future well-being.