The Love DuCote Law Firm LLC Legal Blog

Settling or going to trial: Which is best for your divorce?

When a couple decides to get a divorce, they may find that they have a lot of major issues to work out. Some of the most common issues may include:

  • Asset and debt division
  • Alimony or spousal support
  • Child custody and parenting time
  • Child support

You and your spouse may initially see eye-to-eye on most or all of these issues, but that can quickly change as you get further and further into the divorce process. In the midst of all the disagreements, you may be struggling to decide whether you and your spouse should negotiate and settle outside of court or take your chances at trial. Here are some factors to consider when deciding between settlement and trial.

Time and money

Generally, the finalization of your divorce will take longer and cost more money if you choose to go to trial. The court will schedule your trial dates according to the court’s calendar. In other words, you may have to wait a while before your case is heard, and you may have take off work to appear in court when you are scheduled. If you and your spouse are able to compromise effectively, you may be able to get things settled outside of court and move on with your lives within a few months. However, the reality is that you may end up wasting months negotiating only to eventually come to the conclusion that you are unable to reach an agreement, and end up going to trial anyway.

The end-result

In an ideal situation, both spouses will feel like they got a fair deal once the divorce is finalized. In reality, however, any people find themselves giving into their spouse’s demands or compromising too much and end up dissatisfied with the end result. You and your spouse may determine that you are both more likely to get what you both want if you work out your issues in mediation. If you choose to go to court, you will need to be ready to accept the outcome. But the good news is that the court’s decision will be based on what is ‘fair’ and reasonable under the law and it will give you a chance to be heard.

Stress and its effects on the family

There’s no denying that the divorce process is stressful, even for exes who are on the best of terms. If you have children, the stress will be felt by them as well. You may find that the divorce gets in the way of your career and family, as you often have to carve out time to handle divorce-related matters. Settling a divorce can be difficult, as it can be difficult for you and your spouse to compromise while under so much stress. However, going to trial may bring a lot of information to light and can put a strain on your family during the divorce and in the months following.

The divorce process is never easy, particularly for couples with a significant number of assets and other complex divorce issues. An attorney in the Sugar Land area can assist you with your case and help determine whether settling is the best option for you.

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