Should You Settle Your Divorce Or Go To Trial?

Nobody wants to go through the emotions and complexities of a divorce. Most people want to get through the process as quickly as possible, so they’ll negotiate with the other spouse. Sometimes, though, this is not the best option. A spouse may try to fight with you on every issue, causing even more stress and complications.

So what do you do in these situations? You may have to go to trial. While this can delay the process and cost more money, sometimes this is the only option.

How do you know when to suck it and settle or take the case to court? Here are some things to consider in your divorce case.


Stress is a huge factor in divorce cases. In fact, divorce is seen as the most stressful event a person can go through besides the death of a loved one. Delaying your divorce case and going to trial only increases the stress. If you have kids, their stress levels will increase as well. Preparing for a trial takes a lot of time and effort, and if you’re working and caring for children, dealing with this will be stressful. You will constantly be on call, required to provide information to the court at a moment’s notice.


A divorce settlement may take a few months to finalize. Going to court will take much longer—possibly a year or longer. This is especially true nowadays, with courts backlogged thanks to the COVID pandemic. You’ll have to wait for a hearing based on the court’s schedule, so you’ll have to be patient.

But if your spouse is unwilling to negotiate and wants to fight with you on everything, then there’s not much you can do. Trying to negotiate a settlement will be next to impossible, causing you more stress. Just skip this part and go to trial instead. It will be costly and time-consuming, though, so you need to weigh the pros and cons with your lawyer and figure out if it will be worth it. If there’s an asset you really want or you don’t want to negotiate on child custody arrangements, for example, then by all means go to court.


As the saying goes, time is money. Litigation is not cheap at all. Preparing for a trial requires the help of lawyers, which can be costly. You’ll also have to pay court costs and other expenses, which can add up quickly when there’s a trial. Expect to pay five or even six digits for a courtroom trial.

Contact a Maryland Family Law Attorney Today

While the most common school of thought is to settle your divorce as quickly and cheaply as possible, sometimes going to trial can be the better option.

A Columbia divorce lawyer from The Law Offices of Todd K. Mohink, P.A. can help you make the right decisions. We can assess your case and give you the right advice for your situation. Get started with a free consultation. Call (410) 774-5987 or fill out the online form.


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