Collaborative divorce is becoming an increasingly popular option for divorce. This is because collaborative divorces often end up being cheaper and moving at a faster rate as compared to a trial divorce.
However, in certain situations a trial may be necessary. According to Forbes Magazine, if you believe that you cannot negotiate effectively with your ex-spouse you may need to take your divorce to trial.
Why is negotiation important?
At the end of the day, divorce is a type of lawsuit. Just like in virtually all other areas of law, it is usually advantageous for both sides to try and resolve a dispute through settling rather than through litigation.
A collaborative divorce is one way to diplomatically settle a divorce rather than taking it to trial. However, effective collaborative divorces require the ability to negotiate with the other party. Essentially, if you and your ex-spouse cannot talk without it becoming an argument, you may not be able to collaborate on your divorce.
Will a trial get me what I want?
Trial divorces are not a guarantee. You will need to argue your case using pertinent law and logic to get an impartial judge to grant you your desires. If you are not able to talk out the situation with your ex-spouse, the judge may be the only way to get any kind of decision. However, this does not mean that decision will be in your favor.
It is not a good idea to go to trial and use it as a stage to sound off about your spouse. Anything said in a court of law must have legal weight.