The Top 6 Reasons Arizona Divorce Cases Go To Trial
If you have made the difficult decision to get divorced from your spouse, there are plenty of reasons you may prefer to settle your issues out of court through a consent decree. Negotiating an agreement gives the spouses more control over their divorce resolution, because if it proceeds to trial, the judge has the final say. Going to trial is expensive, stressful, and time-consuming. It can also be difficult for any children the spouses may have. But if the spouses reach an impasse in their negotiations, the court will eventually step in to weigh on the issues. Read on to learn some of the most common factors that result in an Arizona divorce case going to trial. If you’re seeking family law representation in the Phoenix or Tucson area, our firm is staffed with knowledgeable attorneys who are passionate about serving our clients’ needs. Schedule your free consultation by phone today at 480-680-9126 to get started.
1. The Spouses Are Nowhere Near Agreement On One Or More Issues
There are four common issues addressed in Arizona divorces: property division, spousal support, and, for couples with children in common, child custody and child support. Some of these issues can affect the resolutions of the others, but they are also largely independent from one another. That means the spouses can proceed to trial on one issue without bringing all of them to trial. For example, the spouses might agree that 50/50 custody is best for their children and have a parenting plan ready to go, but disagree on what the child support obligation should be.
2. One Or Both Spouses Have A Vendetta
Sometimes, spouses will see divorce court as an arena to battle out old relationship issues from the course of their marriages. If one or both spouses feel wronged by the divorce, they may purposefully drag out the proceedings and raise issues where they otherwise might not have. Even if it means inflating their own legal expenses, forcing a divorce to go to trial could be what either spouse views as revenge. But this doesn’t just hurt the other party in the divorce. Weaponizing the family law system for a personal vendetta is a waste of court resources, which is ultimately an expense shouldered by taxpayers. It also increases wait times for other people seeking assistance from Arizona’s family law court system.
3. One Spouse Is Struggling With Addiction, Mental Health Issues, Etc.
These types of issues can cloud a person’s judgment and how they want issues pertaining to a divorce to be resolved. Someone who is struggling with these issues might not be in the position to have custody of their children, and could face long absences such as rehab or incarceration. This could also cause them to miss meetings with their attorney, mediations, hearings, and more. The spouse might also be dragging out the proceedings to maintain health insurance coverage. These types of issues can make a divorce case emotionally distressing, especially if the spouses have children together. You may want to retain a family counselor to help with these issues, and your family law attorney may also have tips for addressing the emotional aspects of a divorce involving health problems.
4. There Is Domestic Violence Or Abuse Present In The Relationship
Most spouses are encouraged to attempt to settle their issues through mediation before bringing a divorce case to trial. However, mediation is inappropriate when there is abuse or domestic violence present in a marriage. It sets the victimized party at an automatic disadvantage when the third party guiding negotiations is required to be neutral. Mediation also helps many married couples going through divorce avoid trial. But when this trial avoidance tactic is inappropriate, divorce by trial becomes a more probable likelihood. Unfortunately, proving that domestic violence occurred in an official matter can be difficult both logistically and emotionally. Here, a party to a divorce may want to consider obtaining a restraining order against their spouse to ensure protection throughout the divorce process. An order of protection is the specific type of restraining order a current or former spouse experiencing domestic violence at the hands of their partner should obtain. If you’re seeking an Arizona family law attorney with experience in both divorce and orders of protection, contact My AZ Lawyers for your free consultation today at 480-680-9126.
5. One Spouse Changes Their Mind At The Last Minute
Sometimes, the spouses get extremely close to agreement on their divorce issues, but one suddenly does a 180 and wants entirely new terms for a divorce settlement agreement. Often, this is because the spouse retained divorce counsel who had a different opinion on how the case should resolve, or they heard about someone in a similar situation receiving a much larger divorce settlement. They might simply get cold feet upon realizing that it is nearly impossible to overturn a divorce agreement once it has been finalized. While it can be disappointing, it is ultimately a risk in the negotiation process. Depending on where the spouses are in the process, this could mean starting back at square one, or taking the matter before the judge. You know best if your spouse has a tendency to go back on things they have previously agreed upon, and can prepare your lawyer if you believe that issue could arise.
6. Either Side’s Attorney Doesn’t Do Their Best To Negotiate A Settlement Agreement
Obviously, being prepared to take a case to trial is an important skill for a family law attorney. But a quality attorney also knows that taking a divorce to trial often isn’t in their client’s best interest. Airing out issues from a marriage before a judge can be embarrassing, stressful, time-consuming, and expensive. It can be particularly difficult for children when reaching an agreement is more conducive to future co-parenting. And all of this is a lot of work for an attorney and the support staff at their firm. But some attorneys see high-conflict cases and see dollar signs instead of ways to helping their client negotiate a divorce settlement. Some divorce cases can end up taking years to resolve, which means years of attorney’s fees paid on both sides. So while it is valuable to retain a divorce attorney who is an experienced litigator, it is also effective to hire an attorney who is also a skilled negotiator.
Seeking An Arizona Divorce Lawyer Who Can Negotiate A Settlement & Take A Case To Trial? Schedule Your Free Consultation Today.
Divorce is a difficult process, whether or not your case proceeds to trial. If you want to maintain control and privacy in your case, as well as keep down the costs and the drama, your goal should be to settle your divorce by consent decree. At My AZ Lawyers, our Arizona family law attorney works in our clients’ best interests, even if that means saving you money by settling your case without trial. We offer competitive rates and start the process with a free and convenient initial consultation by phone. See the difference My AZ Lawyers can make in your Arizona divorce case- call 480-680-9126 for your free consultation today.ated to putting our legal knowledge to work for our clients across Phoenix and Tucson. Schedule your free consultation with an Arizona family law attorney today at 480-680-9126.
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