As you move through your family law case, deciding whether to go to trial is a significant decision. While it might feel like your chance to “win” your case, it’s important to be aware of the financial and emotional risks involved. Trials are costly, unpredictable, and even after a trial is over, there could still be more legal hurdles, like an appeal. Before making this decision, it’s crucial that you understand these risks fully and sign off with your attorney.
The Financial Costs of Trial
Going to trial involves significant costs, including:
- Extensive Attorney Fees Preparing for trial requires a substantial investment of time from your attorney. The more complex the case, the more hours are needed to prepare legal arguments, gather evidence, and coordinate with witnesses.
- Court Fees and Expert Costs Additional expenses include court fees, attorney travel time and paying for expert witnesses like financial experts, child specialists, or property appraisers. These experts are often key to your case but can add considerable cost.
- Risk of an Unpredictable Outcome Even with the strongest case, once you go to trial, the decision is in the hands of the judge. Family law trials, especially those involving child custody or asset division, can be highly subjective, and there’s no guarantee that the judge will rule in your favor.
The Emotional Costs of Trial
Beyond the financial investment, there’s also an emotional toll:
- Heightened Conflict Trials tend to increase hostility between parties, especially in cases involving children. A confrontational courtroom environment can make it harder to maintain a cooperative relationship afterward.
- Stress and Uncertainty Preparing for trial and testifying can be incredibly stressful. The uncertainty of the outcome and the lengthy process only adds to that stress, which can weigh heavily on you and your family.
- Extended Timelines Trials often extend the time it takes to resolve your case. Scheduling trial dates, conducting the trial itself, and waiting for the judge’s decision can take months, if not longer. All the while, temporary orders may remain in place.
The Judge’s Limited Time
In a trial, it’s crucial to remember that a judge—a person unfamiliar with your family and situation—will be making significant decisions about your life, potentially including matters concerning your children. With most family law trials limited to three hours or less, the judge will rely heavily on the information presented in a brief timeframe, underscoring the importance of clear and concise arguments and evidence.
Post-Trial: The Risk of Appeal
Even after a trial, your case may not be over. Either party has the right to appeal the judge’s decision. This means that after the time, effort, and costs of a trial, you could be facing another round of legal battles in appellate court. Appeals can prolong the process significantly and add to the emotional and financial strain. It’s important to keep in mind that the final outcome of your case could take even longer if an appeal is filed.
Settlement as an Alternative
Given these risks, many cases are resolved through settlement before trial. Settlement negotiations or mediation allow both parties to have more control over the outcome, and the process is often quicker and less costly. Settling also reduces the risk of further legal battles after trial, such as appeals.
Your Role: Signing Off Before Trial
Because of the risks and costs, you must sign off on the decision to go to trial, ensuring that you fully understand the potential outcomes, financial commitments, and emotional strain. We will work closely with you to evaluate whether trial is the best option and help you make an informed decision.
If you have questions about going to trial or want to discuss whether settlement may be a better path for your case, please don’t hesitate to reach out. We’re here to guide you through every step.
