If you have determined that the time has come to file for divorce, you likely have many questions including whether or not you should try to settle rather than go to court. Your attorney will help you decide whether the details of your case warrant going to trial.
Deciding to Go to Trial
It is generally advantageous to avoid a trial due to the emotional strain it can cause both spouses, not to mention to the children. However, in some cases, a divorce trial is unavoidable. For instance, the other spouse may be intractable in negotiating an amicable settlement. Ultimately, the decision to take your divorce to trial necessitates deciding why you need to do so.
Why a Theme Is Useful
Once you determine that the best course for your needs is to take the divorce to trial, your lawyer will work with you to decide on a theme. A theme helps the court to understand your side of the story and can help influence the final determination made by the judge.
In a sense, your family lawyer is like a salesperson trying to convince the court that your needs and wants are valid and that the arguments to the contrary offered by your divorcing spouse are faulty.
The theme that you decide upon should reflect your needs and situation. If, for instance, you have stayed home through the course of the marriage raising the children while the other spouse worked, you may not have job skills that can keep you in a lifestyle to which you have become accustomed. If your spouse was unfaithful, the theme might involve money from the marital estate that was squandered on the paramour.