Few Divorce Cases are Litigated
Almost no divorcing couple wants to end up in court.
This is the most contentious option for ending a marriage;
only a few divorce cases reach the litigation stage.
A divorce trial is, indeed, an actual trial before
a judge. Attorneys for each spouse argue their client's
case on some or all of the disputed issues. Witnesses
may be called to testify, and experts may be brought
in to evaluate child custody arrangements or value
property.
Advantages of litigation:
- It may be the only remaining option if previous
settlement efforts have failed.
- Appeals are possible.
- Parties feel that they have had their day in court.
Disadvantages of litigation:
- Trials are open to the public.
- Trials can drag on. If the judge has a full calendar,
decisions may be postponed.
- It potentially exposes children to unpleasant accusations
between their parents.
- It is very expensive.
- Trials polarize. Spouses will focus on all the bad
things about the other spouses. Frequently they will
enlist witnesses to back up their accusations.
- It takes a long time for the family to heal after
a trial.
- People never forget the negative things the other
spouse said about them.
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