No one ends a marriage because it is working. Although there are exceptions, the beginning stages of your divorce may be filled with tension and anger. One person could say they intend to keep the house or that they are going to pursue full custody of the children. This, in turn, infuriates you. In the heat of the moment, you are ready to take your family law issue to court. As upset as you may be, going to court should be your last option rather than your first.
When someone antagonizes or threatens you, it is reasonable to expect a like-minded result. However, don’t make life-changing decisions during this time either. Allow yourself to speak to an attorney, hear your options for resolution, and make calm and rational choices. Most people don’t realize that going to trial may not be in your best interest. You should take a moment to understand the answers to the following questions:
- What are the other options for resolution before my case goes to court?
- What am I committing to by choosing court as the immediate option?
The Reason Behind The Action
In a family law case, people may be forced into a courtroom because one (or both) parties refuse to negotiate or compromise. If you are in this situation, ask yourself why you are holding your ground. Are you doing it because you believe it is the right thing to do for yourself or your children, or are you trying to be vindictive? You may be making decisions guided by anger without being fully aware of it.
No one knows your situation better than you and your soon-to-be-former spouse. If you go to trial, you can be confident that the judge won’t know your case as well as you do. They may have spent a week or less going over the particulars, and they only know you by what is contained in the documentation. You and your spouse can negotiate an agreement through your attorneys. When you receive a proposed offer from your former spouse, discuss it with your attorney, sit with it, and then accept or make a counter-offer. Regardless, the choices are yours to make.
Trials can also be expensive. Your attorney has to begin preparing for the trial months beforehand. Some trials can also last for weeks.
The Emotional Element
Have you considered what it may feel like to see your former spouse on the witness stand? This could be an incredibly emotionally difficult experience for everyone involved, including you. These things get overlooked when people immediately rush to take their case to trial. There will be scenarios when a judge may be your only means of resolving your family law issue. Just remember that you have several opportunities to prevent your case from reaching an ultimatum.
ZafiroLaw approaches each family law case with compassion. Our goal is to help you find the resolution that dissolves your marriage efficiently. We can help you navigate your questions surrounding the division of assets and managing marital debt. To meet with an attorney to discuss your case, contact ZafiroLaw and schedule a consultation.