In West Virginia, many acrimonious divorces hang in the balance between settlement and going to trial. There can be critical junctures where couples are faced with a decision to come to an agreement on their own or take the matter to court. Before opting for a trial, parties to a divorce should be aware of all of the costs.
The cost going to court can take a toll financially and emotionally. Litigation is stressful and contentious. It will cause stress and sleepless nights as it is never easy to go into court with high stakes. There can also be negative impacts on the relationship between the spouses. This is important if the spouses have children and need to continue working together.
Of course, the obvious costs of a divorce trial are financial. One must pay for legal assistance, court filings, trial preparation and the trial itself. All of this tends to add up quickly. However, some may find that it’s absolutely necessary to go to trial because the other spouse is being unreasonable or will not negotiate at all. In that case, a trial could be the best option for making sure that one’s legal rights are respected. In other words, going to trial is often considered a last resort.
A family law attorney could lay out all of the costs of a trial and explain the benefits to their client. This way, the client can make an informed decision about the best way to proceed. If there is a trial, the attorney would present the case to the judge in the hopes of a favorable resolution. Nevertheless, the first preference in a divorce case will usually be for a negotiated solution between the parties.