In the midst of divorce litigation, it is not unusual to hear the comments, “I will see you in court!” or “Let’s just go to trial!” Although there are some cases that simply cannot be resolved short of trial, most cases can and should be settled outside of court.
Here are the top reasons to settle your case instead of having a judge decide your future for you:
- Cost: It is much less expensive to settle your case. Trial can easily add tens of thousands of dollars to the cost of your divorce.
- Speed: You will be divorced quicker if you settle. Trials are usually set months into the future. Also, judges rarely rule at trial. Rulings may not be received until weeks or months after trial is held.
- Issue Prioritization. At trial, a judge will not take into consideration what issue or goal is most personally important for you to achieve. Settlement allows you to give more weight to some issues than others and fashion your settlement accordingly.
- Creativity. You can be creative in the way you resolve your case if you settle. Judges are limited in the types of remedies they can order. You can also address issues in settlement a judge might not even allow you to bring up at a trial.
- Risk minimization. In any given case, the same facts presented to different judges will likely result in different rulings. There are no certainties at trial. Settlement allows you to maintain control over the outcome.
- Finality. If a judge decides the outcome of your case, an unhappy party may appeal the case to a higher court, adding months or years to a final resolution, along with great expense. If you settle, you are done.
- Emotional Investment. Preparing for trial, testifying on the stand, and being cross-examined can take its toll emotionally and make a difficult parting of the ways even worse. Settling allows you to exit your marriage gracefully and with dignity.
At Hallier Stearns PLC, our goal is to help you achieve the best possible results in your divorce case. Contact us to learn more about how we can help.