I know I have previously said (often) that you should avoid trial if possible, but there are still valid reasons for going to trial. If you are going to trial, hire the best lawyer you can possibly afford and one who has experience in trying divorce cases in the court where your case is. Below are some of the more valid reasons for taking your case to trial:
1. Serious issues surrounding the custody of the children or parenting time.
2. One parent wishes to leave the commonwealth with the children (these are called removal cases).
3. A major issue regarding valuation of business assets that is too large to compromise.
4. Your soon-to-be-ex is a total jerk and can’t agree on a remotely reasonable resolution.
5. The lawyer for your soon-to-be-ex is a total jerk (see #4).
6. Inherited assets that are huge in comparison to family assets, and no prenuptial agreement.
7. Hidden assets. This generally does not result in a trial, but it can result in extensive litigation to find and quantify the assets.
Over the next few weeks I will post more extensively on how to recognize and deal with these situations.