Are you thinking about taking your divorce case to trial? Depending on your situation, that decision could either protect your rights—or turn into a costly mistake.
I’m Matt Dolan with Dolan Divorce Lawyers in Connecticut, and today I want to talk about when you should—and should not—take your divorce case to trial.
In Connecticut, the vast majority of divorce cases settle before trial. At some point during the process, the parties are usually able to sit down—sometimes with a judge, sometimes just with their attorneys—and work out a compromise that results in a settlement agreement.
When settlement efforts fail and the parties are unable to compromise, the final step in a Connecticut divorce case is a trial before a judge.
Divorce trials are much like what you see on television. Both sides present evidence, call witnesses, and make legal arguments. At the end of the process, the judge—not the parties—decides the outcome, and that decision is binding.
There are valid reasons to take a divorce case to trial, but there are far more reasons to avoid it. Let’s start with the reasons not to go to trial.
Trials are costly. Attorney time, expert witnesses, and court preparation can easily cost tens of thousands of dollars—or more. These expenses can significantly impact your financial future.
Trial preparation and court appearances can pull you away from your job, your family, and your daily responsibilities. Instead of moving forward with your life, you may spend days—or weeks—stuck in court.
Divorce trials are emotionally taxing for everyone involved. If you have children, the impact can be even greater. Trials are inherently adversarial, often requiring both parties to attack each other’s credibility, parenting, or finances. This can be especially damaging in cases where you will need to co-parent long after the divorce is over.
One of the biggest downsides of going to trial is the loss of control. When you reach a settlement, you have predictability and a say in the outcome—even if the result isn’t perfect.
At trial, that control disappears. A judge makes the decision, and you may or may not like the result. Once the judge rules, you are bound by that decision.
In my view, there is one legitimate reason to take a divorce case to trial: to protect your rights.
If the other party is being unreasonable and refuses to reach a fair settlement, trial may be unavoidable. You should not agree to terms that:
In those situations, going to trial—despite the cost and emotional toll—may be necessary.
There are also bad reasons to go to trial. One of the most common is wanting to punish the other spouse.
Some people see trial as a way to inflict emotional stress or financial pressure on the other side. At our office, we do not encourage that approach. It often backfires, increases costs, and creates long-term damage—especially when children are involved.
You should do everything you reasonably can to avoid trial, particularly if:
That said, every case is different.
Before deciding whether to take your divorce case to trial, you should speak with an experienced Connecticut divorce and family law attorney about the pros and cons based on your specific circumstances.
If you have questions about divorce, trial strategy, or settlement options—or if you are looking for representation in a Connecticut divorce or family law case—we invite you to contact Dolan Divorce Lawyers.
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