In a Florida divorce, the spouses sometimes face a tough choice at a critical part of the proceedings. They must choose whether to settle the case or to proceed to trial. While most divorce cases eventually settle, a small percentage of them do go to a judge to decide.
Spouses have every reason in the world to stay out of court and settle their divorce. While it takes two parties willing to compromise in order to settle, there are definite costs to a trial. The first cost of a trial comes in the form of time. Court proceedings take time to prepare for and schedule, which can delay the divorce by over a year. Another cost is the money that it will take to fund the trial. A lawyer’s bill could add up quickly when it comes to a court proceeding.
A trial will also harm the relationship between the two spouses. If there are children in the picture, it may be devastating for them. Of course, there is also the stress to consider because trials are very difficult emotionally. Some spouses want their day in court, but it comes at a cost. As a result, both parties should make every effort that they can to settle the case because there really are no winners at trial. However, there are times when a trial is unavoidable.
A family law attorney may help their client avoid trial by helping them with settlement negotiations. The attorney may give their client a realistic assessment of what could happen if their case goes to trial. The attorney might also try to be the voice of reason when their client is negotiating emotionally. A divorce attorney understands that the best outcome of a trial is never to have one in the first place, but they may fight for their client if there is a hearing.