Factors to consider before going to trial

It may be possible to dissolve a marriage through settlement talks alone. This can be ideal because it’s typically less expensive to negotiate a divorce settlement as opposed to going to trial. It can also take less time to resolve the matter outside of court because mediation or other negotiation sessions can be scheduled when it is convenient for the participants. A trial will be scheduled for the next available date, and that could be weeks or months in the future.

Divorce trials can cost $10,000 or more after adding up court costs, legal fees and other expenses. Those who choose to go to trial will likely need to stay by their phones or computers at all times. If an attorney needs information about the case, he or she usually needs it quickly. An individual might also need to take time off to appear in court as the case proceeds.

This can put a lot of stress on a person, and that can have negative consequences for an individual’s physical and mental health. It is important to point out that there is no guarantee that a person will get what he or she wants from a judge. Those who simply want to be heard are encouraged to find another way to get their message out to whomever they want to hear it.

Typically, state law and the facts in a given case will determine who gets spousal or child support. State law will also generally determine how property is allocated or who gets custody of the children. An attorney may be able to help an individual obtain sufficient custody or visitation rights to a child. A legal representative might also be able to help a divorcing individual obtain a majority share of marital property.

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