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Choosing between a settlement or a divorce trial

by | Mar 10, 2020 | Divorce

When people in North Carolina are going through divorces, they might wonder whether they should try to negotiate settlements or go to divorce trials. In many cases, settlements might be preferable. However, there are some situations in which a trial might be a better option.

Some divorces involve significant conflict and bitter feelings, making it more difficult to negotiate settlements. People who can reach settlement agreements with their estranged spouses might benefit from lower costs and faster processes versus people who head to trial. Trials can take a year or longer to be placed on the court’s calendar, and the litigation costs may be substantially greater because of trial preparations and court appearances.

There are some cases that are more appropriate for trials than for settlements. For people who are unable to reach any agreements because of their conflicts with each other, leaving the decisions up to a judge might involve less time than ongoing, fruitless settlement negotiations. People who believe that the proposed settlement agreements are unfair might also want to choose divorce trials. Finally, people whose marriages involved domestic violence or substance abuse problems might be better off taking their cases to divorce trials.

Beyond reading this Piedmont Triad divorce blog, people who want to get divorced will need to determine whether trying to negotiate settlements or choosing divorce trials will be better for them. An experienced divorce attorney may review all of the evidence and issues involved in their clients’ divorce cases and advise them about which approach might be a better option. Often, attorneys are able to successfully negotiate settlements for their clients that protect their interests. A negotiated settlement might allow the parties to make the decisions for themselves rather than leaving them up to a judge. If a settlement is reached outside of court, it will become a part of the court’s orders when the divorce decree is issued.