If your spouse won’t negotiate a divorce settlement in good faith, you may be thinking about taking the matter to court. However, there are many issues to consider before you give up on settlement talks and ask a Michigan judge to issue a ruling.
You don’t know what the judge will decide
One of the benefits of a private divorce settlement is that you and your spouse retain complete control over its terms. You give up that control when you ask a judge to resolve issues that can’t be overcome during private talks or mediation sessions. It is important to remember that a judge is going to make a ruling based on what the law says as opposed to what you feel like you are entitled to.
The trial will become your entire life
There is a good chance that you will need to appear in court to testify or to take part in hearings related to your case. You will also need to be easy to reach during the several months or years that it can take to get through a divorce trial. Generally speaking, your attorney will expect you to return phone calls or emails in a matter of minutes or hours.
A trial can be costly
A divorce trial could cost tens of thousands of dollars depending on how complex your case is. Working with a mediator to settle a case outside of court will usually cost significantly less than that, and you will also likely save a lot of time when you opt for mediation as opposed to a trial. This is because you and your spouse are less likely to need extensive time with attorneys and can schedule mediation sessions when it is convenient for you both.
If you are seeking to end your marriage, there are many possible advantages to doing so outside of court. However, if you do need to go to trial, a divorce attorney may represent your interests throughout the case.