When you are going through a divorce, you must decide which method of divorce is best for you: Mediation, collaborative divorce or litigation. In some situations, mediation or a collaborative divorce will not work and a couple must proceed to trial. While no divorce is easy, litigation in particular can be difficult to experience.
Divorce litigation is not for the faint of heart. As we detailed in our last blog post, it can be a lengthy, contentious and emotionally trying process. In this follow-up post, we will go over three more important points of divorce litigation so that you can decide whether it is right for you.
It can be unfair
One important thing to remember about divorce litigation is that it is not always fair. In private negotiations, you generally have more say in important matters like property division and alimony. It is easier to make your voice heard when you are working privately with your ex and your attorneys. But in a trial, the judge has the final say—and you might not feel that his or her decision is fair.
Your pride may take a hit
There is no way around it: Going through a trial frequently requires you to swallow your pride. Standing in front of a judge arguing your case can feel demoralizing. You may end up making big concessions to your spouse and their attorney. If you are not able to swallow your pride in front of a courtroom, you may wish to try a different divorce method.
Usually, you can still settle
Even when you are deep in the middle of litigation, it is still possible to end the trial and settle with your ex. If a trial has been dragging on too long and has become unbearably painful or expensive, you and your ex can pull out and try to negotiate. If your attempts to negotiate fail, you can always return to the litigation process.