Is it better to settle or better to go to court?
SETTLEMENT OR LITIGATION?
Every couple going through a divorce are faced with the situation of whether to settle the case or take their chances and have a trial before the court. Which is better?
We always strive to help our clients settle the case, if at all possible. By settling, you are in control of the situation. You can reach compromises on various issues and be creative in your settlement. You can agree upon things that perhaps, the court would not ordinarily make you do.
Particularly, when it comes to minor children, it is always preferable to settle issues of custody and placement, instead of letting third parties intervent and stick their nose in your business, including deciding where your children are going to live and how much time the other parent is going to spend with the children.
In some cases, notwithstanding the best efforts, it may not be possible to settle the case; that is why there are courtrooms and judges, to resolve cases when the parties can’t. However, going to trial should be a measure of last resort. When you go to court to have a trial, it significantly increases the cost of the case and you lose control over the outcome. The outcome is now left to a stranger who in a short period of time has to decide how to divide up your estate, how much money one should pay in support and if custody is contested, who gets placement of the children.
The goal should be from day one, to prepare the file as if ultimately it is going to trial, but at the same time, throughout the case, make every reasonable effort at reaching a settlement and keeping the case out of court.