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Divorce by Trial – Costs, Preparation, and Child Custody Issues

 

If you want to divorce by trial, here are the benefits of preparing for the hearing before the judge. These benefits are many, but they come at a price. In this article, we will look at the costs, preparation, and child custody issues associated with divorce by trial. Read on to learn about the pros and cons of each option. If your marriage is at stake, divorce by trial might be the right choice for your family. However, if you are unable to work out a settlement or agree on child custody, this method is not the best option.
Alternatives to divorce by trial

Divorce by arbitration is one of many alternatives to a traditional trial. In a trial, both sides can present evidence to prove their case, but the decision is made by an independent third party. Arbitrators are retired judges or attorneys with considerable experience in divorce cases. The parties enter into an agreement defining the terms of the hearing, including the arbitrator’s role. The arbitrator’s decision is binding. Arbitration and mediation are very different, and the former is typically more affordable than a trial.

However, the downside to trial divorce is the cost, especially for small families. In many cases, an alternative divorce can be a cheaper, more amicable way to end your marriage. This process doesn’t drag children through the mud. It’s also less stressful for children, and it doesn’t change the family’s financial situation. However, laws vary by state. Property and financial accounts will stay in the joint names.

Costs

Divorce attorneys will work long days and evenings during the trial stage of the divorce process, so costs will likely increase significantly. You must also list the reason for the divorce on the paperwork. New York divorce laws allow for no-fault divorces, but if you want to use the “irretrievably broken” option, you will need to be separated for a year. A separate custody agreement may also be helpful, but the costs will increase dramatically.

A typical divorce by trial will cost between $3,400 and $7,000 depending on your state. Filing fees are typically part of a lawyer’s retainer. However, most couples cannot agree on how to divide their assets without hiring a lawyer, and if you have children, a lawyer is required. But even if you do not have children, filing online can save you money. There are still many things to consider when determining costs for divorce by trial.

Preparation

Before going to court, preparing for divorce by trial can help you better present your case and reduce stress during the process. You may want to hire a divorce attorney to help you through this process. Attorneys understand the intricacies of divorce and can provide legal advice from the very beginning. Here’s a brief overview of divorce by trial. After deciding on a divorce attorney, it is time to prepare.

First, you must ensure your physical safety. If you suspect you are being abused or neglected by your spouse, you should seek shelter away from the situation. Also, you have the right to hire a lawyer. While laws relating to domestic violence vary widely from state to state, they are generally considered abuse and can even be criminal in nature. It is important to seek legal counsel as soon as you suspect you may be facing abuse or neglect.

Child custody

The courts consider all relevant factors when deciding child custody, including health, religion, and relationship to extended family. If a child is younger, the primary caregiver will often be awarded custody. For older children, the preferred parent will usually be the one who is best able to provide stability and continuity in the child’s life, including education, neighborhood, and religious affiliation. The judge will also consider the parents’ working relationship and willingness to help the child develop a relationship with each parent.

In a trial, the parties will present evidence to support their claim. The parties may agree on joint custody, but the judge will need evidence to rule on physical custody. It is unlikely that parents will agree on a schedule or other details if the children are young. This makes the judge’s decision all the more difficult. However, even if both parties are able to reach an agreement on physical custody, the judge will still make a decision based on their own observations and opinions.