Deciding Whether to Go to Trial

The decision of whether or not to go to trial and to have a judge decide contested issues often involves a cost-benefit analysis. If the financial benefit that may be received from going to trial is high compared to the cost of going to trial, it may make sense to go to trial. For example, if the parties dispute the value of a business started by the husband during the marriage and the difference in their valuations is substantial, then it may make sense to let a judge decide the issue rather than give in to an unreasonable valuation by the other side.

The parties will need to look at the facts objectively. How much attorney-time will it take to develop facts about the business? How much will it cost to hire an expert to evaluate the business and testify at trial? If, after gathering preliminary information and attempting negotiations, the husband still says the business is worth $50,000 and the wife still believes the business is worth $1 million, the only way to solve the problem may be to go to court. (Chapter 16 of this book will discuss “Mediation and Other Alternative Means of Resolving Disputes.”)

On the other hand, if the business is a very small one, with the husband saying it is worth $15,000 and the wife saying it is worth $25,000, it does not make much sense for one or both sides to spend $10,000 in attorneys’ fees and experts’ fees to try to ascertain a precise value of the business.