00:04
that’s a great question taking a case to
00:06
trial
00:09
can be dependent on a number of
00:10
different factors but ultimately it’s
00:12
going to be because you and the other
00:14
side could not agree
00:16
you know on what color the sky is so
00:19
hopefully you can agree on certain
00:22
aspects
00:23
and limit what you’re actually taking to
00:26
trial
00:26
but a lot of the time if you’re going to
00:28
trial you’re trying everything so in a
00:30
typical
00:31
divorce case you can’t agree on child
00:35
custody let’s say
00:36
that one person wants a 50 50 division
00:40
or i should say a 50 50 possession
00:42
schedule
00:43
of the kids and the other is dead set
00:47
that that is not a good idea okay so
00:50
when you have
00:51
a philosophical impasse on something
00:54
like that
00:55
that’s where you’re going to go to trial
00:56
or let’s say you’ve got
00:59
both spouses have been involved in this
01:02
business
01:02
that they that they created and it’s
01:05
worth a lot of money
01:07
well neither side is agreeing
01:10
to buy out the other side so
01:13
that might be something that you want to
01:15
take to trial although
01:17
you run a risk with that because a court
01:20
can do what is called division in kind
01:22
which means
01:23
i’m going to let both of y’all own it 50
01:26
50
01:27
and y’all can just figure out what
01:29
you’re doing the court can order it sold
01:31
and maybe neither party wants that maybe
01:34
it’s a bad time to sell that business
01:36
and it kicks off a lot of cash
01:38
so there are a lot of different things
01:39
that a court can do there
01:41
and you really want to look long and
01:43
hard
01:44
at am i better off settling for
01:48
something that i can live with
01:50
rather than trying to get the home run
01:52
in court