Should You Settle or Go To Trial?

If you are thinking of filing for divorce, you might be wondering if it is better to settle or go to trial. Or, your spouse might have already served you with papers. In which case, you need to decide whether you agree with their requests and settle or disagree and work towards litigation. If you can settle, you will save quite a bit of money. However, you might have to give up something that you don’t want to give up.

Contact an Arcadia family law attorney to learn more about your rights if you are ready to divorce.

The Pros and Cons of Settling

The most significant benefit of settling a divorce case is that you have more chances of getting what you want out of the case. However, to get something you want, you might have to give something up. There is always give and take when settling. For example, you might want to keep a retirement account, but your spouse does not have one. You might have to give up a lump sum payment or give your spouse another asset to keep a retirement account that has minimal non-marital funds in it.

Additionally, you do not need to settle on all aspects of the case. Your attorney can draft a partial settlement agreement if you agree on specific issues and go to trial for the rest. 

The Pros and Cons of Litigation

With litigation, you do not have to make any decisions. However, you might not like the decision the court makes. For example, the court might order a time-sharing schedule that gives you less time with your children than you would like. 

You can never tell what a court is going to do, but you can count on them making decisions in the best interests of the minor children (if any) before it considers anything else. While it is difficult to change a court order and a settlement agreement later, it is usually harder to change a court order unless your ex-spouse also agrees to the change.

Contact an Arcadia Family Law Attorney

If you want to settle, but your spouse seems as though they will not settle, not all is lost. Often, a spouse files for divorce and says they will never settle, but it is possible to agree with the help of attorneys and the mediator during mediation.

If you are ready to file for divorce, and you need help deciding whether you should settle or go to trial, contact an Arcadia family law lawyer for a consultation and learn more about your rights. 

[yotuwp type=”videos” id=”SEKKL-rEv5I” ]