Going through a divorce in North Carolina can be a highly emotional process. When spouses decide to end their marriage, they may have a difficult time agreeing on almost anything. They might find themselves frequently arguing, and it could seem like there is no alternative to an extended trial in family court to manage the divorce. However, these couples should consider the ramifications of going to trial.
In the first place, a divorce trial takes longer than reaching a settlement. Court calendars can be crowded, and a trial will need to be scheduled long in advance. The court process is highly structured and can require a significant amount of an attorney’s time. Because trials can take so long, judges themselves will often encourage the parties to settle before proceeding with the trial. In some areas, such as child custody, parents are encouraged to reach an agreement about their parenting plans because they will have a higher level of control.
The time that a trial takes can come with larger costs as well. When people are disputing property division during the divorce, they may wind up squandering those assets on the expenses of legal representation, court fees and witnesses. Settling first can save both parties money and help to inspire a financial agreement.
Of course, there are cases where a trial is necessary, especially when one spouse refuses to compromise at all. In such a case, a family law attorney may help a spouse to seek a fair outcome on key divorce legal matters. An attorney could also help negotiate a settlement if the case does not go to trial.