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

On Behalf of | Mar 2, 2020 | High Asset Divorce |

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.