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Why It May Be Better to Settle Your Divorce Than Go To Trial

There are 2 ways to resolve your New Jersey divorce:

1) Trial


2) Settlement

Each of them have their pros and cons but in most situations, it’s better if you can settle your divorce rather than going through a trial.

Let me explain why.

A settlement is when you and your spouse reach an agreement that resolves all outstanding issues of the divorce. This includes equitable distribution of assets and debts, custody, child support, alimony and tax returns to name a few things.

Pros: 1. You and your spouse get a say in what happens. 2. It’s cheaper than going through a trial. 3. It’s usually less stressful than going through a trial. Cons: 1. Both parties are not usually 100% happy with the settlement. That’s because it’s a settlement, i.e. you are both settling for something you can live with rather than a stranger (i.e. a judge) making a decision that you both will have to live with. 2. Sometimes it simply doesn’t work. You can only settle a case if both parties are willing to settle.

A trial is what you are probably envisioning. You and your spouse (and attorneys if you have them) present your respective positions and evidence to a judge during a trial. In most situations, it is better to settle rather than to have a trial.


1. You have a neutral third party deciding the issues. Sometimes, the parties are so emotionally invested in the issues that they are not able to think rationally. A third party who has no stake in how the case resolves can push past those emotions to a resolution that is in accordance with the law. 2. Sometimes, if one of the parties is unreasonable, this is the only way to bring them to their senses is for the judge to enter an order requiring them to do, or not do, certain things. Cons: 1. You and your spouse do not have a say in what happens. 2. If you have attorneys, they get expensive. 3. They are really stressful and can be a long process.

So, as you can see, there are pros and cons to settlements and trials. It really depends on the facts of your case which resolution is better for you.


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