Settlement vs. Trial

Considering trial for your divorce? Understand the implications of settlement vs. trial. “I do” began your marriage, and it might end it too. Besides the sadness or desire for revenge, there are many other factors. Are you aware of the wasted time and money involved in trial courts? Do you know the rules of hearsay and what constitutes admissible evidence? Learn about the benefits of settling versus going to court for your divorce.

The Last “I Do”

“I do” began your marriage and will end it. The hopes and dreams of your first “I do” are now replaced by sadness or a desire for revenge. Your trial testimony starts with a promise to tell the truth — you answer “I do”.

Questions to Consider

Do you understand that the judge knows nothing about you?
Do you accept responsibility for turning over important decisions to a stranger in black robes?
Have you listened to your lawyer and the opposing lawyer’s advice on resolving your case?
Do you believe the judge can predict the future?

Your answers may reveal much to the judge, your adversary, and yourself.

Wasted Time and Money

Choosing trial over settlement? Think about this. Trial courts are inefficient. Multiple trials may be scheduled before one judge on a given day because most divorce cases settle. The court schedules several trials to wear down people’s resistance to negotiation and settlement. Showing up for trial without knowing if you’ll be heard is stressful.

Witnesses

You and your spouse will testify in your divorce trial. Beyond that, you need credible witnesses. This is crucial in considering trial over settlement.

Hearsay

Hearsay is not admissible at trial. People are prevented from testifying about what they heard outside the court by the Hearsay Evidence Rules. For testimony to be admissible, the witness must be present in court. A relative testifying about your spouse’s failures adds nothing to the case.

Expert Witness Testimony

Expert witnesses are paid to investigate, report, and testify. They are not your friends. Credible experts appear regularly, provide truthful testimony, and maintain a high professional reputation. They do not work just to please the client.

Evidence

No one fully knows what constitutes admissible evidence. There are rules and case law. At trial, evidence is what the judge says it is. Some judges permit almost everything. Judges hear evidence and weigh its admissibility and credibility. This contrasts with jury trials, where the judge avoids allowing inadmissible evidence.

The court has discretion in determining what evidence to consider. Disclose every exhibit or document to the opposing side.

How Do I Find Out If I Won?

In a trial, nobody wins in divorce cases. Days, weeks, or months after testimony, the trial summary can be presented orally or in written form. The judge finds facts and applies the law. The summary becomes a court order or divorce judgment.

Effective presentation helps the judge favor you. A well-organized summation minimizes emotions and maximizes facts and law. The court’s opinion might take weeks or months. Giving control to the judge means surrendering to a process you can’t control. Remember, you can stop the process anytime by resolving your case.

Your Family Law Judge: 3 Points

Private Arbitration in Family Law

Thanks to Horn Law Group, LLC intern Noah Hilsdorf.