The Love DuCote Law Firm LLC Legal Blog

With divorce, circumstances are key in settling or having a trial

Divorce in Texas can lead to an emotional and personal upheaval. There will be significant changes in the lives of the spouses. If there are children, they too will face a dramatically altered life. With the litany of factors that come to the forefront, it is not uncommon for disputes to reach a point where negotiation is fruitless. However, in some cases, it is possible to come to an agreement on the key issues and avoid a trial.

Knowing when and why to forge a settlement or move forward with a trial can be imperative to a successful resolution. Certain issues should be considered in the context of whether a settlement is possible and if it is the wisest course of action. Assessing the following is essential: the amount of time a trial would take; how much the trial would cost when compared to a settlement; the level of stress that the sides can tolerate; and the potential outcomes.

A divorce trial might take at least a year. When comparing that to a typical settlement, it is much longer and costlier. It could take months to get a court date. The fees for the entire case can be exorbitant. A settlement would take less time and end the case faster. In many cases, the acrimony has reached a point where any semblance of negotiation will be pointless. In others, there is common ground and a reasonable agreement can be made to avoid the turmoil of a trial.

Even relatively amicable divorces will be stressful. This can have a negative impact on a person’s all-encompassing health. It can even harm their work life as concentrating on a job proves difficult with personal issues at play. The case will dominate a person’s life. A settlement can avoid these problems. The outcome in a trial is a complete unknown. Regardless of how strong a case the person has for, say, child custody, it does not automatically mean that the court will agree. The same holds true for visitation, property division and other parts of a divorce. If it is a high-asset divorce, this is more worrisome. A settlement is, by nature, a negotiation. There will be a level of control that is not there in a trial.

A law firm that is experienced in Texas law and well-regarded in the community can help with a case from start to finish. For a client who is seeking legal representation, the results are the most important part of the case. While it is useful to have a litigation team skilled in dealing with a wide range of family law topics in court, nuance is also a positive. If the case can be settled without going to trial, this can avoid the more complex and unpredictable aspects of a divorce. Before making any potentially life-changing decision, contacting an experienced law firm can help with guidance and advice on how to proceed.

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