Divorce can be a complicated process regardless of how amicable the split. It can be hard to know whether to go to trial or try to settle outside of court. Most couples will try to negotiate (aka settle) outside of court before they go to trial. A divorce that’s going to trial could also be referred to as litigations.
Both of these processes are done with the help of attorneys. The difference between the two is the potential for compromise; in negotiations, the couple is willing to discuss what options are best but in litigations, the couple is fighting in court to see who’s right.
Which is better – negotiations or litigations?
Most trials will take a long time to settle, even if the couple are relatively amicable. This is because it can take a long time for a court to decide what’s the best result for the couple. Negotiations might take less time, but it’s not a given. Some negotiations can definitely drag out if the couple can’t reach an agreement or if there’s still a lot of contention between the couple.
If negotiations don’t work, ultimately they’ll have to go to trial to reach a conclusion. If the couple getting divorced aren’t on good terms with each other and there’s a lot of negative emotions there, it might be better just to go right to trial instead of trying to reach an agreement outside of court.
Which is more cost-effective?
Generally, a trial will always cost more than trying to settle with your partner outside of court. This is partly because trials take longer because you’re waiting for court availability and spending time with your lawyer to prepare for the trial. Your lawyer will still help you in negotiations, negotiations can take less time overall, so they tend to be cheaper. But only if both parties are willing to reach a compromise.
If you or your soon-to-be ex-spouse are unable to compromise, it might save more time to go right to litigation. Your lawyer might advise you of what the best move is.