Is it better for me to settle or go to trial for my divorce?

On Behalf of | Dec 18, 2020 | Divorce, Family Law |

When spouses separate, issues may come up during every stage that can complicate matters. From adhering to North Carolina asset division laws for your marital property to the calculation of child support payments or alimony, getting through the basic procedures of a divorce may seem like a daunting experience.

Some parties may feel it is necessary to streamline negotiations as much as possible and move on with their life. There is an argument for going to trial, however. And while both paths are viable, the one that works best for you will depend on a few important factors.

What is your schedule like?

Perhaps the most practical element of this question is time. A trial is often a lengthy process, stretching out several months and possibly beyond a year. From your child’s school events to work projects, you may have obligations in the future that block off significant portions of your weekdays. If you and your spouse can negotiate and you don’t feel you have much to lose in a settlement, you may save yourself some room on your schedule.

Can your family bear the stress?

With an efficient court process and fortuitous scheduling, your trial may run smoother than you think. But it will not be without its relevant drawbacks. Your social life may suffer, for example. And you may find you spend less time with your child. For some families, though, it may be worth it to pursue a trial if they believe they can take on the stress that accompanies one.

Do you and your lawyer have a strong case?

Ultimately, your attorney will have an idea of whether a trial is necessary or if a fair settlement is on the table. That said, if there is a strong case in your favor for issues like child custody and asset division, you may find that the opportunity to state your arguments in court is worth your time.