Going through a divorce is not an easy situation for any couple, even if it’s the best solution. There are a myriad of legal steps involved in the process, which can create issues.
One common misconception regarding divorce is that it always ends up being resolved by a trial. Resolution plans, on the other hand, are an alternative option. Considering that there are also three tracks for a resolution plan date, it is an option with more options built within.
The date associated with a resolution plan is known as the resolution plan date, and it is distinctly different than a trial. By learning what to expect of this date, if you are assigned one, you can begin to understand what the process will look like.
What Is a Resolution Plan Date?
First and foremost, it’s important to outline what a resolution plan date actually is. This date refers to an early stage in the divorce process where both parties meet to outline a plan for how they want to resolve the key issues of the divorce.
The courts encourage this step between parties as it helps to bring about settlement, rather than a long and drawn-out trial. During this meeting, a discussion of assets, child custody, and spousal support will occur.
During this meeting, your attorneys may attempt to negotiate settlement possibilities as well. A judge will then provide guidance on the next steps following this meeting, including mediation or further court dates.
What Is a Divorce Trial?
On the other side of things, a divorce trial is when the two spouses fail to reach an agreement on important matters and need to go to court to get it formally settled. A judge, not the couple, will make the final decisions on finances, custody, and other disputes.
There are three key phases of a divorce trial:
- Pre-Trial Preparation: Gathering evidence, depositions, and expert testimony will occur at this point.
- Court Proceedings: Each side will present arguments, witnesses will testify, and attorneys will cross-examine.
- Judge’s Ruling: The final decision is levied by a judge and legally binding, meaning it will determine divorce terms.
Key Differences Between a Resolution Plan Date and a Trial
Naturally, there are some notable differences between a resolution plan date and a trial that make them incomparable. First and foremost, the purpose and focus of each is different. A resolution plan date is designed to encourage negotiation and settlement, whereas a trial is focused on resolving disputes through legal arguments and judicial rulings.
Resolution plan dates are also less complex and have a more straightforward process where parties exchange information and explore options. A trial, on the other hand, requires formal legal procedures, witness testimonies, and extensive documentation.
The time and cost of a resolution plan date are also shorter and less expensive since the point is to aim for an early resolution. Divorce trials are expensive, with costs reaching up to $15,000 for just certain parts alone. By getting everything resolved at the initial resolution plan date, you can avoid these costs.
Finally, at the point of a resolution plan date, both parties have more say in their agreements. During a trial, the judge’s word is quite literally law. This means that you would need to try to appeal at some point in the future if you disagree, which will subject you to even more costs.
When Does a Case Move from a Resolution Plan Date to a Trial?
If the mediation or negotiation process proposed during the resolution plan date fails, the case will be moved forward to litigation. Some common reasons this may occur include disputes over child custody or support, disagreements on asset division or alimony, and one spouse refusing to cooperate with another. Given this, it’s always best to be prepared for the possibility of going to trial if a settlement isn’t reached.
Conduct a successful divorce with your partner
Most divorce cases will have a resolution plan date unless tensions between the two partners are so high that it would be counterproductive. Try to use this time in order to come to terms with topics with your former spouse so that you can avoid the lengthy time and costs associated with formal litigation.
By approaching your resolution plan date with an open mind, you will be able to avoid a stressful trial. Consult an attorney if you are unsure of the best approach for your situation, and they will be able to guide you on the best options for your needs.
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