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Old 05-15-2019, 12:38 PM
Bijou Drains is offline
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What percent of divorces go to trial?


My friend is in a bitter divorce and they cannot settle it so they are going to trial in a few weeks. According to him his wife is asking for things a retired judge as mediator said she will never get. I'm divorced and my lawyer said it's rare to go to trial.
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Old 05-15-2019, 12:46 PM
Procrustus is offline
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Originally Posted by Bijou Drains View Post
My friend is in a bitter divorce and they cannot settle it so they are going to trial in a few weeks. According to him his wife is asking for things a retired judge as mediator said she will never get. I'm divorced and my lawyer said it's rare to go to trial.
It's rare for any case to go to trial. Yet there are trials everyday.

Most divorce trials are probably not over the divorce per se, but on how to allocate the assets and liabilities. In Washington (where I have been through two divorces and represented a few parties as well) the parties can pretty much predict what would happen in court and come to an agreement to save the time and money of a trial. Nonetheless, emotions run high and sometimes one party or the other simply wants to air their grievances in court.
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Old 05-15-2019, 12:49 PM
Bijou Drains is offline
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yes it seems like the only people who come out ahead if it goes to trial are the lawyers for both sides who can charge more billable hours.
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Old 05-15-2019, 12:51 PM
TheMightyAtlas is offline
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Originally Posted by Bijou Drains View Post
My friend is in a bitter divorce and they cannot settle it so they are going to trial in a few weeks. According to him his wife is asking for things a retired judge as mediator said she will never get. I'm divorced and my lawyer said it's rare to go to trial.
Fortunately I have no personal experience of this, but based on numerous friends and family members who have been through divorces with varying degrees of acrimony, the judges keep sending the couples back to negotiation and mediation, until either they reach an agreement (or they run out of money to fight over).

I donít think of the 10-15 divorces I know of, any of them actually went to trial. None of them involved charges of abusive or unfit parenting. I think those are the ones most likely to go to trial. Where one spouse will not agree to visitation (or unsupervised visitation) by the other.
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Old 05-15-2019, 12:57 PM
Enola Gay is offline
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A friend of mine went through 12 rounds of mediation, which all failed, then headed to trial. Her lawyer said that about 1% of cases go to trial.
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Old 05-15-2019, 12:59 PM
Bijou Drains is offline
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from what I know visitation might be the sticking point. They have 4 kids high school and junior high age.
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Old 05-15-2019, 01:13 PM
Procrustus is offline
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from what I know visitation might be the sticking point. They have 4 kids high school and junior high age.
Could be. In Washington, kids at that age would get a say in things. The default would be 50/50 parenting, if that can work logistically.
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