While most divorce cases are resolved through negotiation, there are situations where settlement simply isn’t possible—or wise. It’s important to understand when it might be necessary to go to trial rather than compromise for the sake of closure.
The Limits Of Compromise
Settlements are often encouraged because they save time, reduce stress, and allow both parties to maintain more control over the outcome. But compromise doesn’t mean surrender. If one spouse refuses to divide assets fairly or fails to acknowledge the contributions of the other, settling may lead to an unjust outcome.
For example, if a high net worth divorce lawyer proposes a settlement that leaves one person with significantly less than what they’d likely receive in court, it may be worth considering a trial. Every divorce involves years—sometimes decades—of shared time, emotional investment, and financial entanglement. It’s reasonable to expect a fair and equitable division.
When Trial Becomes Necessary
Going to trial may be the only option in certain scenarios:
- Stalemates over custody: When both parties are unable to agree on what’s in the best interest of the children.
- Severe imbalance in offers: If settlement terms are far from fair or realistic.
- Egregious behavior: Situations involving domestic violence or severe misconduct often need to be heard by a judge.
- Emotional closure: For some, especially victims of abuse, having their story heard in court is an essential step in healing.
What To Consider About Going To Court
New Beginnings Family Law shares that trial isn’t about vengeance—it’s about clarity and justice. It can be a formal, structured way to ensure both sides are heard and a fair ruling is reached. However, it’s also important to weigh the emotional and financial cost of litigation. Before deciding, talk openly with your attorney. Discuss the likely outcomes, risks, and what each path could mean for your future.