5 Times Your Philadelphia Divorce Case Needs to Go to Trial

90% of the time divorces don’t go to trial. Most of the time, they shouldn’t. It’s more than possible to use what the law says you’re entitled to so you can come to a settlement.
But sometimes, a divorce trial is the only responsible option. The trick is recognizing when it’s time to fight and when it’s time to come to the table.

1. When one or both of you don’t care to negotiate.

Settling out of court requires flexibility and open-mindedness from both parties. You don’t have to be best friends, but you do have to be willing to budge.
If you are both dead-set on getting the house and can’t accept any other concession then trial might become inevitable. Of course, it’s always a good idea to make sure that thing you’re fighting so hard over is in your best interests. You might want to focus on retirement plans or spousal support instead.

2. When there is abuse in the relationship.

Any kind of domestic violence or abuse should go to trial. You’ll need to be sure you’re ready to prove the abuse.
But the power dynamic between the abuser and the abused makes settling a poor choice. And you may well need the court’s protection to prevent your ex from doing further harm.

3. When the safety of the children is at stake.

This point is closely related to our point about domestic abuse. But abuse isn’t the only thing that can endanger children.
If your ex has a history of alcohol abuse, drug abuse, or mental illness which has resulted in erratic or dangerous behavior, you may need to press for stricter custody arrangements. Suing for full custody for you and supervised visitation for your spouse may be the only move that makes sense. It’s rare for a person to agree he or she can’t handle the children in a responsible way.
The court will have to approve any arrangements which minimize one parent’s contact with the child anyway.

4. When you suspect the other party is hiding assets.

If the other party is hiding money you’re going to have to go through a process of discovery to find it. Otherwise you may settle your divorce for far less than you’re entitled to.
Hiding assets is also a sign your spouse does not care to deal fairly with you. It’s unwise to try to settle with someone who is going to act in bad faith.
Keep in mind the signs aren’t always obvious, but you should be especially vigilant about a spouse who has already committed financial infidelity.

5. When your lawyer recommends it.

Some scenarios arise in a divorce proceeding that don’t fall into neat, easy categories. But they still lead to situations where it makes sense to go to court.
Your lawyer should, of course, be able to articulate why he or she is recommending court over the less expensive, faster settlement option. And the final decision is always yours.
Want to find a divorce attorney who will always respect you? Who will keep your best interests at heart? Contact our office to schedule a free consultation today.

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