Divorce Litigation: Will My Divorce Go to Trial?

On television shows and in movies divorce cases are heard in a packed courtroom, countless witnesses are called to the stand, and exhibit after exhibit of evidence is presented to the judge. This image can cause divorce seekers to have an erroneous impression of how a divorce typically works. In real life, the overwhelming majority of divorces are able to avoid a trial.

Couples who are seeking a divorce and their attorneys generally do everything possible to avoid a trial. Here are some reasons why:

Saves Money

Preparing for a trial can involve hundreds of hours, or more, of preparation. This can be expensive. It is much more cost-efficient to negotiate with your spouse, either directly, through your respective attorneys, or through mediation, than prepare for a trial.

Expedites the Divorce Process

In addition to the time needed to prepare for a trial, you will need to schedule a pre-trial hearing and the trial itself. The Florida courts are backlogged, now more than ever due to COVID. Waiting for a trial to occur draws out the length of your divorce process.

Maintains Your Privacy

Many court proceedings, including parts of divorce proceedings, become public record.

Minimizes Stress

Divorce is always stressful. Testifying in court and participating in a trial adds to that exponentially. If you and your spouse are able to negotiate a fair settlement without a trial, your court appearance will only be for a brief hearing and the divorce will be approved.

What if My Spouse Won’t Negotiate?

There are some cases in which spouses cannot or will not come to a fair agreement. In this situation, your attorney will start a process called “discovery”. This is the process of preparing for trial. The attorneys for both parties will send a list of questions, called interrogatories, to you and your spouse, interview witnesses, and subpoena relevant documents as evidence in case you do need to go to trial.

Your attorney will schedule a pre-trial hearing with the judge. At the hearing, both sides present their positions and evidence to the judge. The judge listens to both sides and discusses how they may rule on particular issues in a trial. After the hearing, most couples who were still unable to come to a fair settlement are able to do so since they have a preview of the likely outcome of a trial.

The attorneys at Troy Legal are expert negotiators. We have a strong track record of achieving fair settlements for our clients so they can avoid court and move on with the next chapter of their life as soon as possible. If it becomes necessary to go to trial, our litigators will fight aggressively to ensure you receive everything that is rightfully yours. Call us today for a free consultation on your case.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, PA. .is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.