Divorce does not have to be a battle, and in most cases it is better for everybody involved if it is not. Collaborative or mediated divorces tend to go much faster than trial divorces.
However, there are certain circumstances where it is more advantageous to go to trial. According to Forbes Magazine, if you do not think settlement negotiations will provide the results you wish, you may need to take the divorce to trial.
Why is collaboration better?
Bypassing the courts and negotiating with your ex-spouse directly allows you to have a greater say in the settlement. Rather than inviting a neutral third-party (the judge) to act as a middleman to your dispute, you are taking it into your own hands.
Additionally, collaboration tends to save money. In a traditional collaborative divorce, each party has their own lawyer to give advice, but there is no judge or other legal professionals involved. The fewer people there are in your divorce, the more money that you will save.
When is going to trial the better option?
Again, trying to collaborate first is always wise. However, if you cannot be in the same space as your ex-partner without an argument, it is unlikely that collaboration will be possible. You need to be able to talk fruitfully with your ex for collaboration to work. If this is not possible, collaboration is not an option.
Keep in mind that if you decide to go to trial you will need to convince the judge of your claims using fact-based evidence and law. It is never a good idea to go to trial to get an “official” soapbox to voice your opinions on your ex.