Should I Go To Trial In My Divorce – Pros and Cons

When a couple decides to end their marriage in Ohio, they have several options for how to proceed. One of those options is a divorce trial, where the couple goes to court and a judge decides on the issues related to their divorce. While a divorce trial can be necessary in some cases, it’s important to weigh the pros and cons before making a decision.

Pros of a Divorce Trial:

1. Decisions are made by a judge: In a divorce trial, a judge will make decisions on issues such as property division, spousal support, child custody, and child support. If the couple can’t come to an agreement on these issues, a divorce trial can be a necessary option.
2. Evidence can be presented: In a divorce trial, both parties have the opportunity to present evidence and testimony to support their case. This can be useful in situations where one spouse is hiding assets or there are allegations of abuse or neglect.
3. Court orders can be enforced: Once a judge makes a decision in a divorce trial, the orders are enforceable by law. This can be important in situations where one spouse is not following the agreed-upon terms of the divorce.

Cons of a Divorce Trial:

1. Lack of control: In a divorce trial, the couple is essentially turning over the decision-making power to a judge. This can be a disadvantage for couples who want to have more control over the outcome of their divorce.
2. Time-consuming and expensive: A divorce trial can be a lengthy and expensive process. It may require multiple court appearances, expert witnesses, and legal fees.
3. Emotionally stressful: Going through a divorce trial can be emotionally draining for both parties. It can also be difficult for children who may be called to testify in court.
4. Public record: Court proceedings and documents related to a divorce trial are a matter of public record. This means that anyone can access them, which can be a disadvantage for couples who value their privacy.

Ultimately, whether or not to pursue a divorce trial is a decision that should be made on a case-by-case basis.  Please contact our office to discuss all legal options.