Why Trial is a Last Resort in Divorce

It’s common for couples to believe that getting divorce will end up in court. It’s what we primarily see on TV shows and in the news. As discussed in a previous post on the 8 methods of resolving a divorce, trial is only one method of getting divorced. And it’s the most costly. For this reason, we like to think of trial as a last resort. Trial is a path taken when no other path can provide spouses a solution.

Trial Preparation

As Avvo in its Divorce Process Primer, the following items could take place in trial preparation:

  • One or both spouses are deposed and prepared to testify.
  • Witnesses are interviewed, possibly deposed,and prepared to testify.
  • Expert witnesses are hired, possibly deposed,and prepared to testify.
  • Property (real and/or personal) might be appraised.
  • Pre-trial pleadings are prepared. These can include a trial brief and pre-trial motions.
  • Examination of the parties and witnesses are planned and possibly rehearsed.
  • Opening and closing statements are planned and rehearsed.
  • The case file is organized and to a large degree memorized.
  • Trial exhibits are created.
  • Legal research is conducted on specifics issues.

The above is just a sample of actions that could take place in trial preparation. All of these actions cost money, including the cost of hiring experts, preparing your case file,and creating exhibits. Other costs are the attorney’s, paralegal’s and legal assistant’s time.


When it’s time for trial, there are additional costs you must consider. They are as follows:

  • Time spent at court for the attorneys.
  • Your lost wages due to having to be at court.
  • Time spent at court for expert witnesses.

Additional Considerations

What spouses don’t consider are the emotional costs. The energy and stress that go into a divorce trial are immeasurable. The exhaustion, anger, and sadness can take a real toll on one’s emotional well-being. It’s very common for spouses to seek counseling. As a result, this can result in additional financial burden on the spouses.

At The Levey Law Group, we pride ourselves on finding solutions to divorce that don’t include trial. We put our all into looking out for and doing what’s in your best interests.

Contact us today for a free consult!


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