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Family Law For Men.
Estate Planning And Elder Law For Everyone.

Family Law For Men.
Estate Planning And Elder Law For Everyone.

When should I take my wife to court in a divorce?

by | Nov 20, 2020 | Family Law For Husbands

Many men are looking for speed in their divorce proceedings. This is natural, since divorce can be very unpleasant and most people want to start moving on with their lives.

Collaborative divorce is popular for this reason. Generally speaking, collaborative divorce is faster and less expensive than trial divorce. However, there are certain situations where taking your divorce to trial may be necessary. According to Forbes Magazine, if you cannot negotiate with your ex-wife at all, you may need to take the divorce to trial.

Why is collaboration so much cheaper?

At its very essence, divorce is a lawsuit. Much of it has to do with finances. In any sector of law, it is generally better to mediate or arbitrate disputes between entities rather than litigate. This applies to business law as well as divorce law.

If you can negotiate directly with your ex-wife on divorce terms, things will go much smoother and you will have much more personal say in the end terms. However, in order for this to be possible you have to be able to talk rationally with your ex-wife.

Will a trial give me what I want?

Not necessarily. Taking the divorce to trial will essentially give you a neutral arbitrator in the form of the judge. The judge then decides what the divorce settlement will look like.

Whether or not you will be successful at trial depends on the situation and what you are asking for. It is not a good idea to take a divorce to trial simply to get an audience to rant about your ex-wife.