Navigating divorce involves a fork in the road: do you settle your differences out of court or proceed to a judge-decided trial? In California, you have the option to do either. However, understanding the differences between these paths is critical to controlling your financial and emotional future.
The power of agreement
Choosing settlement hands the decision-making power to you and your spouse. Both parties can discuss the terms of property division, alimony and child custody in a fast, private and generally less costly manner.
If agreement is not yet reached, processes like mediation can help you create custom solutions that benefit both sides. Additionally, all factors discussed remain confidential and cannot be used as evidence against you.
The reality of trial
Going to trial places all final decisions in the hands of a judge. While a judge can settle difficult disputes on key divorce topics, you lose control over the outcome. Even if the ruling is not what you wanted, you are bound to follow it.
Depending on the complexity of your divorce case, the process can take months or even years. The costs can skyrocket due to court appearances, legal fees and extensive discovery costs. Furthermore, the trial proceedings and judgment become publicly accessible.
Weighing the pros and cons
Divorce can be overwhelming due to the complex factors you must consider. When weighing your options, assess your situation carefully.
To ensure you pursue the most beneficial path, you should not face this critical decision alone. Seeking legal advice can be a helpful resource, as divorce attorneys can provide feedback tailored to your case.