In a North Carolina divorce, spouses are often faced with a choice of continuing to work toward a settlement or going to trial. Some individuals feel as if they need their day in court. However, before making that choice, people need to be aware of the costs and stress of a divorce trial.
The most obvious drawback of a divorce trial is that it is expensive. Hearings cost money as attorneys need to prepare for the hearing in addition to their time in court. These costs can add up quickly. Trials are also stressful since the divorce can take over one’s life until the matter is resolved. Being in court can even be a frightening experience, especially when parties are in front of a judge with high stakes.
There is a reason why an overwhelming number of cases settle before they reach a trial. Hearings are the most difficult way to proceed. Unfortunately, some spouses cannot avoid going to trial because one or both parties can dig their heels in and be unreasonable However, a divorce trial should only be a last resort instead of the preferred option. Each spouse should try to compromise to avoid a situation where they end up in the courtroom. If there are children in the picture, a trial can rupture a co-parenting relationship past the point of no return.
While a divorcing individual may think that a family law attorney will guide them to a trial, the reality is the exact opposite. The attorney may urge their client to stay out of court by giving them a realistic assessment of what a divorce trial would entail. The attorney may then help their client with the negotiations and work toward settling the matter without needing the involvement of the court. This might help someone recover more quickly from their divorce.