One of the biggest decisions that any family law client will have to make is whether they want to accept the negotiated resolution that is available or take their chances in court.
No one can make that decision for you. Your attorney should provide you with all of the information possible to help you make your decision. This includes talking about the strengths and weaknesses of your case, the judge’s inclinations, and other factors that may influence the outcome.
However, no attorney can or should guarantee a particular outcome. So, there is always an element of risk in allowing your case to be resolved by a judge. One of the factors that has to be considered in your decision is whether you are willing to endure the process of a courtroom trial. A hearing or trial can be emotionally grueling. Further, the intimate details of your life will be on display for anybody that happens to wander into the courtroom. Many clients are surprised to find out that anybody can sit in the courtroom to listen to their case.
In order to get a true idea of what a domestic trial is like, I advise clients to take a day off and go to the family court in their county (In Wake County, family courts are located on the 9th floor of the courthouse). If you go, you should watch a hearing or a trial. That, in turn, will give you the best idea of what it will be like to go through a trial in your case. And, more importantly, it will give you a very good idea of whether you want to push your case to court, or resolve it through negotiation.
Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.