Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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Why divorce trials should be avoided

Divorcing couples in Illinois struggle with the decision of whether to settle or go to trial. While this is not an easy decision to make, the costs of going to trial are considerable. In fact, this is what pushes many spouses to settle their case, even when they think they can get more by going to court.

The time factor

Trials can take a long time to resolve. One can count that the trial will take over their life for well over a year. In that time, they are dealing with lawyers and running up a legal bill. In addition, a court hearing also causes stress. This not only covers the short period for which one is in front of the judge, but it also encompasses the months leading up to the trial. A hearing can preoccupy someone both physically and emotionally.

Finding a resolution

Spouses may end up getting the same result when they negotiate and reach a settlement agreement. Moreover, they can resolve the case without the bitterness that goes along with contested court proceedings. This is extremely important when they are co-parents and need to work together for the good of the children. While one cannot always control whether the other spouse is reasonable, they can control their own negotiating posture. This means that each spouse has to do their part to keep the case out of court.

One should consider hiring a divorce attorney in order to have the best possible chance of settling the case. The lawyer could help ensure that their client remains realistic and reasonable. While an attorney may argue for their client if the case goes to court, every attorney realizes that it is in their client’s best interest to leave no stone unturned in the effort to reach a settlement agreement. In the end, nobody really wins in a trial.

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