Do All Divorce Cases Go to Court?

A large percentage of divorce cases settle before ever reaching a trial. This is done when one of the spouses accepts a settlement offering or the case is settled in mediation. However, in some cases, the spouses are unable to reach an agreement on contentious issues like child support, child custody, property division, alimony, and others and will need to go to court for a judge to decide on these issues.

As mentioned, some of the most contentious issues are due to some spouses having difficulty reaching an agreement on certain issues like child custody and/or visitation. Generally, if there is a dispute over a day or two of monthly visitation, both spouses are typically able to reach an agreement through mediation or negotiation. However, if one parent believes that the other parent is unsuitable for any visitation, then this is a significant issue that may lead to a trial. When a parent is active in the child’s life, he or she is unlikely to give up custody and will fight to maintain their rights as a parent. 

Another type of case that may result in a trial is when both parents are fighting for primary custody of the child. If neither parent makes an agreement, then this is another example case that may lead to going to court.

Other factors, such as major decisions pertaining to the child’s life (medical, education, extracurricular, etc.) may require a judge to make such a decision if  the parents do not reach an agreement before trial or through mediation.

Another example of a contentious issue that may result in going to court has to do with finances. Some couples are unable to reach an agreement when dividing assets and debts and may need a judge to make the decision in court. Other financial issues, like child support and alimony may also result in going to court if the spouses fail to reach an agreement.

There are many other reasons as to why a divorce may result in going to court, such as a spouse’s unreasonable position, among other reasons. However, it is important to realize that trial is costly and more time consuming, which is why most divorce cases rather settle outside of court or go with mediation. But sometimes when divorce cases are extremely complex, trial may be necessary.

At LLM Family Law, our team has extensive experience settling outside of court, in mediation, as well as going to trial when necessary. If you are facing divorce and are in need of a trusted, compassionate, and experienced family lawyer in Los Angeles that will fight for your rights, contact our team to schedule a consultation.