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Is a divorce trial necessary?

| Mar 19, 2020 | Divorce |

Divorce cases in Arkansas may end in a settlement agreement. This is the situation that often works best for all involved for a number of reasons. However, sometimes couples are forced to consider whether they need to take the case further. In some cases, a trial may be necessary to reach a resolution in the case.

A trial has its own costs, and only some of these involve money. Of course, trials are expensive, and costs can add up quickly. Any time one goes into court, there are expenses such as attorney’s fees and court costs.

Beyond that, the other costs can be considerable. Once two parties have squared off against each other in court, there is little that can prevent future hostilities. In other words, it is very difficult for a relationship to recover from a trial in front of a judge. If there are children in the picture, the parties will still need to work together in the future. Nonetheless, there may be situations in which one spouse’s hand in forced and a trial is required. The other spouse may be so unreasonable or the issues so intractable to resolve that a trial may be a necessity to break the impasse.

A family law attorney may advise clients as to when a divorce trial might be unavoidable. They may help clients resolve their dispute amicably if the conditions allow for it. If that does not work, the attorney may then help their client press their case in front of a judge. The attorney’s responsibility is to consider the overall picture in making a recommendation that a divorce trial is necessary. Sometimes, the decision is too emotional for a spouse to make on their own without professional advice.