When should a divorce case go to trial?

| Aug 5, 2020 | Divorce |

Sometimes, divorce can be tricky when it comes to assets or visitation rights. An ex-spouse may want more assets, or the non-custodial parent may feel that the child custody arrangement is unfair. The other spouse must decide whether to go to court over these matters. Some factors could determine if a Minnesota court should handle the case.

Divorce trials commonly take a year. During this time, the parties meet with lawyers to prepare for the trial. Negotiation without a trial often speeds up the process, but when spouses cannot agree, a trial saves more time over continued negotiations that never solve anything.

Financial costs may determine if a case goes to trial. Court fines and fees can add up the longer a trial continues. The cost of a divorce case varies by state, but the common cost of a divorce trial could be a minimum of five figures.

The stress of a trial can impact a person’s emotions and their children’s’ emotions as well. It often impacts home and work life if lawyers need to gather facts at a moment’s notice. This could make dealing with the other spouse more stressful even in amicable circumstances.

If a spouse doesn’t get the outcome they want, they commonly have the option of petitioning the court. While they don’t have a promise of getting more assets or more visitation rights, the trial may be worth it if a lawyer thinks they have a chance or they are being treated unfairly. However, the spouse should only go to trial when they have a legal case and not going to just be heard or garner sympathy from the court.

Each party has the right to get what they deserve, and some couples may be able to negotiate peacefully, but divorce laws can be complex. A family law attorney may be able to make an analysis of the case to determine the best action.