Resolving Your Divorce In Court
Almost all divorce cases and other family law cases settle without the need of trial. A minority of cases might have an issue or issues that cannot be settled. In those cases, the family court judge will make the final decision on the matter.
Since you know your issues and your family better than a judge, it is most often best to seek resolution through mediation or negotiations between the parties and their attorneys. It is easier on children, and it allows you to maintain control of outcomes. At the Law Offices of Jonathan D. Gordon, Esq., LLC, we provide the full services of a law firm that focuses exclusively on family law.
Should My Case Go To Trial?
Many factors should be considered before going to trial. For one thing, trials are very expensive. Approximately two percent of family law and divorce cases go to trial. In the end, the judge often does little more than what would have been agreed upon by the parties months prior to the conclusion of a trial.
However, we will help you make an informed decision about trial and help you prepare thoroughly under several circumstances, including:
- Your opponent will not compromise and takes an extreme position.
- Both sides cannot agree on one or more issues.
- All efforts at settlement have failed, including mediation.
- You can afford to go through with trial.
Trial in a divorce case requires preparation of documents, depositions of potential witnesses, time spent in court and usually significant expense. If the judge finds that your opposition’s divorce settlement position was unreasonable and in bad faith, the court may later award attorney fees to you, but that is uncertain.
Trial puts all parties to the matter through turmoil, including your children. It puts decisions completely out of your control.
It is critical to evaluate the possible gains from trial against the emotional, psychological and financial damage of trial. Is it worth it? We help our New Jersey clients make informed and value-based decisions.