Every client considers whether they are better off going to court and possibly trial or whether they should settle their divorce case. Why do some clients settle and others refuse?
There are far more reasons to settle then to keep the fight alive. Settlement brings about closure. The case is finished. An agreement has been made on all issues involving child support, custody, spousal support and distribution of assets and debts. The outcome is guaranteed assuming good faith and ability on both sides. There will be no more trips to the courthouse. Legal fees and expenses will come to a conclusion once all of the remaining filings are completed. Both parties will end their emotional upset and the stress of worrying about the unknown. Their children will begin to resume a more normal relationship with their parents.
Clients who do not settle their case are motivated by many reasons as well. The main reason is that the offer is unfair and unacceptable. The client is unable to resolve income, custody, visitation, child support, spousal support, property value and distribution. If the numbers are too far apart, settlement may be difficult. If the parents are locked in a custody battle and will not compromise, settlement remains impossible. If there are allegations of abuse and infidelity sometimes the anger of one parent is so great that they will not decide with logic but rather with their emotions.
An established matrimonial attorney is a tremendous resource for the client because the attorney can utilize their years of experience, logic rather than emotions and guide the client to an understanding of what is fair or what the court is likely to decide. I have been an attorney for over 30 years and have litigated nearly every major issue that arises in divorce cases. While predictions are never absolute, clients who follow my advice are usually much happier than the ones who litigate without a good reason for doing so. Please call my office so I can help you resolve your marital difficulties efficiently and with less expense.