Most of the divorce cases are settled outside the court because both the parties find a suitable family attorney and resolve their major disputes including property division, child custody, child support, etc. However, there are times when there’s still a bone of contention left, and hence court intervention is the only option to be sought.
Here’s a list of occasions best suited for a trial.
When One Of You Has Outsized Expectations
Both of you have to be on the same page if you want to avoid a contested or tried divorce. Your divorce case is likely to see a trial if one of you starts thinking unreasonably. If either of the two partners start acting like they are going to rule the roost and everything should go as per their will, you are most likely to present yourself in front of a jury. There’s only one way you can circumvent court trials: try and bring in a friend or colleague whom you and your partner can trust and let him decide who’s going a little overboard with their expectations and who’s not.
When One Of You Gets Greedy
When a divorce is to happen, a lot of complications jump in. There’s distribution of property, disagreements over child support and a lot of other things going on around. Getting a divorce is not as easy as it may seem to some people. Also, a divorce happens only when two people grow averse to each other, there’s often bitterness and rivalry between the two of them.
In such a case, it is possible for one of them to want the other partner left with very little resources to start a life anew. If one of you gets flushed over by greed, there’s a huge chance of facing the trial. Nonetheless, it is better if none of you tries to capitalize on the opportunity to get the maximum out of it.
When Your Attorney Tricks You Into Leading A Court Trial
A divorce attorney is likely to earn more money if the case goes to trial. Now some lawyers would not want to push it further for their personal benefits, but some might go to the extent of doing it. After all, you are never able to sense when you are about to fall into the wrong hands. There is a possibility that your over-the-top enthusiastic lawyer tries to make you believe everything in the courtroom is going to be milk and roses. Yeah, it’s true, some lawyers just do their regular pep-talk to galvanize their client into taking it further.
To start with, they might tell you that your case is strong enough to turn the scale in your favor, but should you really believe them? Well, it’s up to you.
When You And Your Partner Can’t Fairly Divide Your Mutually Owned Assets
In some cases, divorcing couples are humble enough to remain content with whatever they are left with, but all cases aren’t alike. Division of assets and debts is one of the major reasons why divorces cannot be settled without any chaos. Couples who are often fed up with each other try to score maximum when it comes to property division, spousal support, etc. When they cannot come to a conclusion regarding distribution of assets, they are bound to seek a court trial.
When Both The Partners Claim Child Custody
At times, both the parties want to be the parent that gets to keep the child with them forever. Usually, the court favors a mother in such cases especially if the child is young and needs primary care, however, if the father proves her to be mentally or financially incapable of supporting the child, he has a fair chance of winning the child’s custody.
When They Do Not Agree On Peaceful Co-Parenting
Couples with children have more complications to battle through vis-a-vis childless couples filing for divorce. Even if they don’t like to be in the same room anymore, they will have to keep seeing each other for the sake of their children. They ought to communicate with each other, shed the differences if there are still any, and let the kids grow in an environment sans family drama, chaos and turmoil. In the process, they also hire cheap divorce lawyers Fairfax VA and cut the costs of their divorce.
