Mutual Settlement Versus Trial: What Is The Best Way To Get A Divorce


Going through a divorce can be one of the most heartbreaking experiences that you can go through in your life. But it is a finality that you have to accept and move on. 

While getting divorced, there are two ways to make a settlement with your spouse: one is through mutual settlement, and the other one is through trial. Let us delve deeper into knowing what the best way to get a divorce is. 

If you are getting divorced, you must contact Los Angeles divorce lawyers from Fernandez & Karney; they provide the best legal counsel on divorce, in my opinion. I am a retired divorce lawyer myself, and currently, I write blogs on some of the best ways to get a divorce. 

So without wasting any further time, let us take a look at the basics of mutual settlement or divorce by trial. 

Mutual Settlement Versus Trial

Both of these ways have their own sets of pros and cons. Some people prefer to settle for mutual divorce, whereas some people would rather take it to court. It totally depends on what your situation is.

Mutual Settlement

When a divorce is mutually settled, it means you have got divorced out of the court. In cases of mutual settlements, the judge does not have the final say. Both the spouses agree to work something out and bid each other goodbye. 

Pros Of Mutual Settlement

According to a Los Angeles Divorce Lawyer, in the case of mutual settlement of a divorce, both the spouses work something out without getting the court involved. They know for certain how much share of the property they are getting. Everything is very transparent; both the spouses agree to control the outcome. 

  • Taking anything to court is a very time-consuming and expensive process. Whatever your claims, they will be resolved a lot sooner. 
  • The fees of lawyers and other miscellaneous expenses will be reduced by a lot.
  • Getting mutually divorced is less dramatic and stressful. Things get pretty nasty when youth take them to court.
  • Things remain private when you opt for mutual divorce. 

Cons Of Mutual Divorce

  • Sometimes you may be at the receiving end and receive less compensation than you should have got if you had taken your divorce case to court.
  • Your spouse may act like he/she is the innocent one, and it may affect your reputation in front of society.
  • Things are very highly confidential in mutual divorces. So you won’t be able to tell your story to anyone who deserves to know it.  

Divorce by Trial

When you get divorced by trial, a lot of other people get involved in your personal affair. It typically consists of both the spouses along with the jury, the judge, divorce attorneys, witnesses, etc. 

The judge decides how you and your spouse are going to get divorced and what are going to be the monetary settlements. 

Pros of Divorce by Trial

  • Since the judge has the final say on the outcome of the case, you may end up getting up a lot more than what you have got if you had settled for mutual divorce.
  • Each and everything gets recorded when you get divorced in a court of law. Basically, people get what they deserve in a court of law. 
  • If your spouse has beaten you or your children, then going through a trial means giving your spouse the right amount of punishment.

Cons of Divorce by trial

  • Going to court means your divorce is not your private matter anymore. You basically become the talk of the town. You have to explain to people in every step.
  • Trials are emotionally stressful and very time-consuming. 
  • Getting a divorce by trial can be pretty expensive; even if you get a lot of money in the settlement, a lot of it will go to the litigation expenses. 

Final Thoughts

That was it, and I hope now you have a clear idea on what is the best way to get a divorce. I hope you have found this article to be informative. If you have any feedback or question, kindly drop them in the comment section down below.

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