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Choosing between divorce trial and settlement may be tricky

by | Feb 25, 2020 | Divorce

Not every marital dissolution process is the same. For instance, some divorcing couples choose to pursue settlement agreements so as to avoid traditional divorce litigation. Meanwhile, others go to trial to have a judge decide how they will handle the splitting of debts, for example. Here are some factors to take into consideration when trying to determine which route to take in New Jersey.

For starters, time is an important factor to consider when deciding between a divorce settlement and a divorce trial. This is because a trial may take more than a year to complete, while the settlement process may be finished in just a few months. Thus, if two spouses are able to work out their differences through negotiation, for instance, it would behoove them to choose settlement. Meanwhile, if they cannot agree on key divorce matters, they have no choice but to go to trial.

In addition, divorce trial can often be more high pressure compared with divorce settlement. The reason for this is that both parties at trial typically vie for the outcomes they want in an aggressive way, which can make the process combative. With a divorce settlement, however, the two parties are focused on reaching an agreement that is mutually satisfactory. Therefore, both parties can walk away from the negotiation table feeling as though they won.

Whether two divorcing parties end up settling their divorce or go through litigation, the process can feel financially and emotionally overpowering. Fortunately, an attorney in New Jersey can help his or her client to assertively seek the best outcomes possible regarding child custody and asset distribution, for example. The attorney will take the necessary steps to ensure that the client’s rights are protected at each stage of the divorce proceeding.