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Will There Be a Trial At Your Divorce

On Behalf of | Jul 25, 2021 | Divorce

Will there be a trial at your divorce in San Diego?  The answer to that question is not a simple “yes” or “no.”  It comes down to the unique circumstances of your situation.  While the majority of divorce cases in San Diego do not involve a trial there are situations which require placing an issue before the Court.

A divorce cannot be finalized until every aspect of the divorce itself is fully resolved.  What are the issues you and your former spouse agree upon?  Which issues have caused a disagreement between the two of you?  The ability of the parties to work through areas of disagreement to reach a resolution determines whether or not there will be a trial at your divorce.

When the parties cannot agree upon a given issue they basically have three choices:

  • Negotiate a resolution
  • Mediation
  • Place the matter before the Court

The ability of each party to control or influence the outcome is greatest in negotiations.  Mediation provides a private and structured environment which allows each side to contribute to reaching a solution.  Many studies have shown agreements reached in negotiation or mediation are much less likely to result in post-decree disputes or litigation.

Generally speaking, the greater the value and/or complexity of an issue the more likely it is the Judge will become involved.  One of the most common issues placed before the Court in a divorce case is the valuation and distribution of substantial assets such as a business or professional practice, the family home, investment portfolios, collections and other assets.  The central questions of property division in a San Diego divorce focus upon the nature of the asset (community or separate property) and the valuation of a marital asset.

Each party has a substantial interest in the valuation of an asset.  If a party wishes to keep an asset it is in their interest for the value of that asset to be as low as possible.  The other party usually seeks a higher valuation.

It important to understand the nature of a trial at your divorce and whether the matter at hand is worth going to Court.  Decisions reached by a Family Court Judge are almost never a “win” or a “loss” for either side.  In fact, the Judge almost always strives to deliver a balanced decision which requires each party to give.  It is not unusual for both parties to be disappointed by a decision of the Court.  When a decision is imposed by the Judge in a trial at your divorce the likelihood of revisiting the issue in post-decree litigation is much higher than a negotiated or mediated settlement.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.