Why Do Divorces Go to Trial?

Divorce is rarely something anyone plans for, and even fewer people imagine their case ending in a courtroom. Most divorces settle through negotiation or mediation, often saving time, money, and emotional energy. Still, some cases reach a point where trial becomes unavoidable. When that happens, it is usually because one or more critical issues cannot be resolved through compromise. Read on and reach out to a knowledgeable divorce lawyer in Sussex County to learn about why divorces go to trial and how the team here at Gruber, Colabella, Thompson, Hiben & Montella can effectively represent you. Here are some of the questions you may have:

What Issues Most Commonly Force Divorces to Trial?

Certain disputes tend to create long-standing deadlocks that cannot be resolved outside of court. When neither side is willing to bend, a judge must step in and decide. Some of the most common trial triggering issues are as follows:

• Disagreements over child custody or parenting time, especially when parents have conflicting views on schooling, relocation, or daily decision-making
• High conflict child support disputes involving income questions, self-employment, or hidden earnings
• Alimony disagreements, including whether support should be paid, how much, and for how long under New Jersey law
• Complex asset division issues, such as business ownership, stock options, pensions, or inherited property
• Allegations of financial misconduct, including dissipation of assets or failure to disclose income
• Domestic violence claims that affect custody, support, or exclusive use of the marital home

When these issues overlap, settlement can become especially difficult. Each unresolved issue raises the stakes and increases the likelihood that a judge will need to resolve the matter.

Why Do Settlement Negotiations Sometimes Break Down?

Even when both spouses initially want to avoid trial, negotiations do not always succeed. Divorce is emotional by nature, and emotions can interfere with rational decision-making. Negotiations often break down for various reasons, but some of the most common are as follows:

• One spouse refuses to compromise or insists on an outcome that is not legally realistic
• Mistrust exists due to past behavior, hidden finances, or dishonesty during the marriage
• Communication between spouses is poor or completely non-functional
• One party uses delay tactics or litigation as leverage
• The parties have very different priorities and goals for life after divorce

In some cases, one spouse may believe that going to trial will result in a better outcome, even when the risks are significant. When both sides dig in, litigation becomes the only remaining option.

While trial is not always ideal, it can be necessary to achieve a fair outcome when settlement efforts fail. If you are facing a contested divorce, you need an attorney who can fight for you and represent your best interests at every turn. Please don’t hesitate to contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.