When is Litigation Your Best Option in a Divorce?

Even though divorce cases are among the most emotional and divisive of all civil cases, the vast majority of them settle before ever going to trial. There are many benefits to settling a case before trial. Often, this can save on court costs and avoids the uncertainty of letting a judge decide the case. However, settlement is not always to best option. Sometimes, your rights are better served by going to trial.

Difference Between Settlement and Settling

One key to knowing when it is better to go to trial and when it is best to settle is understanding the differences between a settlement and just settling. A settlement is a carefully negotiated agreement. It often requires both parties to compromise. The best settlements are custom-made based on the divorcing spouses and leave both feeling they got most of what they needed.

But, sometimes a divorce can wear a person out. When you are tired of fighting, you may agree to almost anything to get the divorce over with. When you simply settle because it is easier or faster, you may be costing yourself money and time with your children. A settlement looks to protect you in the future. When you just settle to get the divorce over with you risk your future so you can feel better right now.

Understanding Your Position and the Risks

The only way to evaluate a settlement offer is to understand what your legal position is. While it is impossible to know exactly what a judge will do, experienced lawyers can advise you on the strength or weakness of your case. If you have a strong case and your spouse is being difficult and refusing to compromise, it may be in your best interest to take the case to trial.

Your lawyer can also tell you what you are risking by going to trial. Sometimes the risk is too great and a settlement is the best option. But, other times, you may be taking a bigger risk by settling than you would by arguing your case before a judge.

Every case is unique. Before you decide to accept or reject a settlement offer you need to discuss the specifics of your situation with your lawyer. It is important you make the choice that is in your best interest, even if that means going to trial.

If you are considering filing for divorce, or you believe your spouse is planning to file for divorce, you need to speak with a knowledgeable Orland Park divorce attorney. Call Kezy & Associates today at 708-518-8200 to schedule a free, no-obligation consultation. You need to know what your rights are and we are committed to helping you every step of the way.