You may be wondering what percentage of divorces go to trial. The truth is, only a small percentage of divorces are tried to trial. However, it does not necessarily mean that your divorce will go to trial if the parties cannot agree on the terms. In most cases, a divorce trial can end in a favorable settlement for both parties. However, if you are planning to take your divorce to trial, you must understand its implications.
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In a typical divorce case, 90 percent of cases are settled out of court, usually at mediation. That means that even if both spouses cannot agree on child custody or child support, or the division of property and assets, most of them will not end in trial. Instead, the court will make this determination. The good news is that most cases end up in settlement, so the chances of your divorce going to trial are very slim.
As the cost of divorces continues to rise, fewer couples are opting for this option. Divorce trials are very expensive and time-consuming. During trial, your attorneys will make their case and speak to the Judge on your behalf. The other party will also have an attorney and they will both speak to the judge. Although trial cases are rare, they are still very costly. If your divorce case is going to trial, you should consult with a family law attorney.