Thousands of divorce cases are filed in Rhode Island every year. However,
if you were to visit the Providence Family court and walk from courtroom
to courtroom for an entire month, you will likely stumble upon no more
than one or two
divorce trials. Out of these few divorce trials, the likelihood that the trial
will actually be completed with a judge’s decision is minimal. But
why is this the case?
There are a multitude of reasons why there are so few divorce trials. First,
the Rhode Island Family Court system has developed a culture and practice
over the years of directly and indirectly promoting divorcing spouses
to pursue out-of-court settlements. Whether it be from the pressure of
a judge or the spouses’ own counsel, couples are encouraged to work
together with one another towards an
uncontested divorce to avoid the emotional and physical burden of a trial. In many ways, divorce
trials are seen as a breakdown of the system and are discouraged by judges
and attorneys alike.
The system itself usually tends to wear parties down to the point where
they no longer feel it is worth it to pursue a trial. Lengthy hearings,
delays, conflicting schedules of judges and attorneys, and the financial
cost of pursing litigation can become overwhelming for the involved parties,
oftentimes prompting them to settle. Furthermore, while other types of
legal issues such as criminal trials or contract disputes can have a clear
winner and loser, divorce cases are not as black and white in their outcomes.
Many skilled divorce lawyers can foresee the possible outcomes of a divorce
and will encourage their clients to settle, as they will likely do worse
if they choose to pursue a trial.
It is also not uncommon for cases to go to the day of trial yet settle
before the trial starts. This is usually caused by clients and their lawyers
attempting to gain as much leverage as they can to obtain the best settlement
possible for their case, sort of like a legal game of “chicken.”
This is often the case with particularly contentious cases, such as those
involving high net-worth assets.
Simplify Your Divorce with TJC ESQ. Today
If you are approaching divorce or are already knee-deep in the divorce
process, it is important you have a knowledgeable attorney by your side
to ensure your best interests are protected. At TJC ESQ., our trusted
Rhode Island divorce attorneys have more than 30 years of experience and
can provide the steadfast support you need to guide you and your spouse
towards an amicable solution for your divorce.
Come see why our past clients have praised us
– schedule a free consultation online