Divorces can be frustrating, tedious and time-consuming. There is a potential that nothing you say or do will help you and your spouse come to an agreement on anything from child custody to property division. It’s a bad feeling, but in some cases, divorces simply have to go to trial.
The majority of the time, it is possible to negotiate and settle prior to trial so that you don’t have to leave your divorce settlement, child custody and other issues to chance. However, if you have tried to negotiate, but your spouse won’t budge, then a trial might be necessary.
How do you prepare for a divorce trial?
As the spouse who was more willing to negotiate, you have that in your favor. You and your attorney can show proof that you’ve been reasonable and tried to resolve the conflict. On top of this, you’ll want to be prepared to make your case to the court to seek whatever resolution it is that you’d like. The more reasonable you are, the more likely a judge is to agree to the terms you would like.
For example, if you and your spouse couldn’t settle on a custody schedule, and you produce a schedule that takes both of your responsibilities into consideration, a judge may look on that more favorably than one that only considers your personal needs.
You also need to prepare for the court date by bringing a list of your assets, preferred custody schedules and other requests that you have, so that the judge can see what you’d like to have happen (and what your spouse wants) before making a decision.
Most attorneys try to help you avoid trials at all costs, but there is a time and place for everything. Speak with your attorney if you’re not clear about the process or what to expect.