Should you settle or go to trial if you’re divorcing?

| Nov 10, 2020 | Family Law |

While most divorcing couples in Wisconsin and other U.S. states hope to make the process as quick and painless as possible, sometimes, it’s just not that easy. When an ex is asking for more than his or her fair share of marital property or disagreements about child custody agreements come up, knowing how to handle the situation can seem daunting.

If you’re facing this difficult situation, you may be wondering whether you should try to negotiate these issues with your soon-to-be-ex or let a judge decide for you. When determining if you should settle or go to trial, here are a few things to consider.

First, remember that a trial can take a significant amount of time to accomplish a settlement. In fact, some trials can take a year or longer. You’re also more likely to spend a lot of time consulting with your lawyer in the meantime to prepare for each trial date, which could translate to having to take a lot of time off of work. Settling important issues without going to trial could help you finalize your divorce sooner without the need to go to court.

Second, the cost of settling in court is another factor to consider. Court fees, attorney costs, and other expenses can easily add up in a trial setting. The cost of drafting a settlement agreement is usually less expensive in the long run.

Finally, stress due to a drawn-out divorce process can take a toll on your health. The time and energy you need to pour into a trial process can have a negative influence on your work and home life, too.

If you’re going through a divorce, it may be in your best interest to work things out with your ex and your lawyer without going to trial. Consider speaking to an experienced divorce attorney who may be able to advise you about your options.