Divorce is rarely straightforward, and one of the most significant decisions you’ll face is whether to settle your case or take it to trial. While most divorces in Missouri are resolved through negotiation or mediation, some situations warrant a trial. This decision shouldn’t be made lightly, as it can impact your financial future, emotional well-being, and family relationships for years to come. Understanding the advantages and disadvantages of going to trial in Missouri’s family court system is essential to making an informed choice about your divorce strategy.
Pros of Taking Your Divorce to Trial
1. Full Court Review of Disputed Issues
When settlement negotiations fail, a trial provides a formal process where a Missouri judge will make final determinations on contested issues. This can be particularly valuable when your spouse is being unreasonable in negotiations, there are complex assets that need proper valuation, you believe your spouse is hiding assets, or there are fundamental disagreements about child custody arrangements.
Missouri family courts have extensive experience handling complex divorce matters, and judges are well-versed in applying state law to resolve disputes fairly. When you and your spouse simply cannot reach an agreement through negotiation or mediation, the trial process ensures that every disputed issue receives a thorough judicial review. The judge will consider evidence from both sides, apply relevant Missouri statutes, and issue rulings that are legally binding. This structured approach can provide clarity and finality when informal settlement discussions have reached an impasse.
2. Access to Formal Discovery
The trial process provides access to formal discovery procedures under Missouri law, which can compel your spouse to disclose financial information and other relevant evidence. This includes depositions under oath, mandatory financial disclosures, document production, and expert witness testimony. Missouri courts take discovery obligations seriously, ensuring both parties have access to the information needed to present their case.
The discovery process in Missouri divorce trials can be particularly powerful when dealing with a spouse who has been less than forthcoming about assets, income, or other relevant information. Through interrogatories, requests for production of documents, and depositions, you can obtain sworn testimony and documentation that might otherwise remain hidden. Missouri’s rules of civil procedure provide robust mechanisms for compelling disclosure, and judges have the authority to impose sanctions on parties who fail to comply with discovery requests. This level of formal investigation is simply not available in informal settlement negotiations.
3. Impartial Third-Party Decision Making
A Missouri family court judge offers an objective perspective and will make decisions based on legal standards rather than emotions. This can be valuable when communication has broken down completely between spouses, there is a significant power imbalance in the relationship, one spouse refuses to negotiate in good faith, or emotions are clouding judgment on both sides. Missouri judges are experienced in family law matters and apply established legal principles to reach fair decisions.
Unlike mediation or direct negotiation, where one party might dominate the process or manipulate outcomes, a trial places both spouses on equal footing before an impartial decision-maker. The judge is bound by Missouri law and legal precedent, not by personal feelings or the persuasive tactics of either party. This can be especially important in cases involving domestic violence, financial manipulation, or other dynamics where one spouse has historically held disproportionate power in the relationship.
4. Setting Legal Precedent
In some cases, particularly those involving novel legal questions under Missouri law, taking your case to trial may help establish legal precedent that could benefit others in similar situations throughout the state. While this may not be your primary concern during a difficult divorce, it’s worth noting that Missouri appellate courts occasionally address important family law questions through cases that originate in trial courts.
5. Potential for More Favorable Outcome
If settlement offers have been consistently unfair and you have strong evidence supporting your position, a trial in Missouri court might result in a more favorable outcome than accepting an inadequate settlement. Missouri judges are bound by statute to consider specific factors in property division and custody matters, which may work in your favor. When you have solid evidence and the law supports your position, presenting your case to a judge may yield better results than accepting a settlement that doesn’t reflect the fair application of Missouri law to your circumstances.
Cons of Taking Your Divorce to Trial
1. Significantly Higher Costs
Trials are expensive, often dramatically more so than settlements. Attorney fees increase substantially for preparation and court appearances in Missouri courtrooms. You’ll also incur expert witness fees for financial experts and custody evaluators, court costs and filing fees required by Missouri courts, time away from work, and the potential for appeals, which further increases costs.
The financial burden of a Missouri divorce trial can be substantial. While a straightforward settlement might be accomplished with relatively modest legal fees, a trial requires extensive preparation, including legal research, witness preparation, document organization, and courtroom time. Expert witnesses such as business valuators, real estate appraisers, or child psychologists can charge thousands of dollars for their services. Court reporters, filing fees, and other administrative costs add up quickly. Many Missouri divorce attorneys charge hourly rates, and trial preparation and court appearances can consume dozens or even hundreds of hours, depending on the complexity of your case.
2. Loss of Control Over Outcome
When you go to trial in Missouri, you turn over decision-making power to the judge. That means the judge may rule against you on key issues, the outcome might be worse than what was offered in settlement, the court’s decision may not align with either spouse’s wishes, and there’s limited flexibility in crafting creative solutions. Unlike settlement negotiation,s where you have input into the final terms, a Missouri judge’s ruling is binding and may not reflect your preferences.
In settlement negotiations, you retain the ability to craft agreements that work for your unique situation, even if they deviate from what a court might order. You might agree to creative property divisions, unusual custody schedules, or other arrangements tailored to your family’s needs. Once you go to trial, however, you lose that flexibility. The judge must follow Missouri law and legal precedent, which may not accommodate the specific solution that would work best for your family. Additionally, there’s always the risk that the judge will view the evidence differently than you expect, leading to an outcome less favorable than what you could have achieved through settlement.
3. Increased Emotional Toll
Trials can be emotionally devastating for all involved. Missouri divorce trials are matters of public record, meaning there’s a public airing of private matters. The adversarial process heightens conflict, and there’s potential for testimony that damages relationships. The stress and anxiety during the waiting period can be overwhelming, and the emotional impact on children who may be aware of proceedings can be significant and lasting.
The courtroom setting itself can be intimidating and stressful, even for those who have been through litigation before. Having to testify under oath about intimate details of your marriage, finances, and family life can feel invasive and humiliating. Cross-examination by your spouse’s attorney can be aggressive and confrontational. Hearing testimony from your spouse that contradicts your version of events or portrays you negatively can be painful. The formal rules of evidence and procedure in Missouri courts, while necessary for fairness, can make the process feel cold and impersonal during what is already an emotionally vulnerable time.
4. Lengthy Timeline
The trial process can significantly delay your divorce in Missouri. Court scheduling delays in Missouri family courts often mean waiting months or even years for a trial date. Pre-trial motions and hearings, the time-consuming discovery process, post-trial motions and potential appeals, and prolonged uncertainty about your future all contribute to an extended timeline. Missouri courts handle heavy caseloads, which can further extend these delays.
In some Missouri counties, particularly those with busy family court dockets, it’s not unusual to wait six months to a year or more just to get a trial date scheduled. This prolonged timeline means continued uncertainty about where you’ll live, what your financial situation will be, and what your custody arrangement will look like. The inability to move forward with your life while your divorce remains unresolved can take a significant toll on your mental health, career, and future planning.
5. Damage to Co-Parenting Relationship
If children are involved, the adversarial nature of a trial can severely damage the co-parenting relationship. Increased hostility between parents often results from the trial process. Children may be interviewed by custody evaluators or, in some Missouri cases, required to speak with the judge. Custody evaluations can be intrusive and stressful, and the long-term impact on family dynamics can affect your children well into the future.
Missouri courts prioritize the best interests of children, but the process of determining those interests through adversarial litigation can create lasting wounds. Parents who testify against each other, make allegations about the other’s parenting abilities, or fight bitterly over custody arrangements may find it difficult to work together cooperatively after the divorce is finalized. Children are often aware of the conflict even when parents try to shield them, and the stress of prolonged litigation can manifest in behavioral or emotional problems. Establishing a positive co-parenting relationship after a contentious trial requires significant effort and healing.
When Trial Might Be Necessary
Despite the drawbacks, a trial may be your best option in Missouri when settlement offers are grossly one-sided or far less favorable than the likely outcome at trial based on Missouri law. Trial may also be necessary when no settlement offers are on the table, your spouse has reneged on previously reached agreements, or your settlement offers have gone unanswered or ignored.
Additionally, Missouri courts recognize that a trial becomes necessary when one spouse is unwilling or unable to negotiate in good faith, domestic violence or abuse is involved, your spouse is hiding assets or income, or complex business valuation disputes exist. Issues involving untreated or poorly managed mental health issues that impact parenting or decision-making, as well as untreated or poorly managed substance abuse issues that affect safety or parenting, may also require judicial intervention in Missouri’s family court.
The decision to take your divorce to trial is deeply personal and should be made in consultation with an experienced Missouri family law attorney who understands the local court system and can provide guidance specific to your situation. Your attorney can help you weigh the potential benefits against the costs and risks, evaluate the strength of your case, and develop a strategy that protects your interests and those of your children.
Contact our Experienced and Trusted Family Law Attorneys
Should you need assistance from an experienced divorce and child custody attorney in Creve Coeur, St. Charles, or O’Fallon, or have questions about your divorce situation, we’re here to help and ready to discuss your concerns