Settling Your Matrimonial Case
You should always attempt, in good faith, to settle your divorce case with as little court intervention as possible. By settling your case instead of litigating you will save considerable emotional and financial expense AND be able to control the terms of your divorce. While there will be compromises, this way you will not be leaving your fate in the hands of the Court.
When it comes to distributing marital property, the Court will decide what is “equitable” and not automatically award assets evenly divided. A trial court has substantial discretion to fashion awards based on the circumstances of each case and the Court’s determination will not be disturbed unless there is an abuse of discretion or failure to consider the requisite statutory factors, which is rare that the court will fail to abide by these principles.
For an award of maintenance, the Court will consider your financial circumstances, age, the length marriage, any loss of income, and the ability of earning potential. In other words, maintenance will also be left up to the sole discretion of the Court.
If you cannot agree on custody for the children, then the Court will appoint an attorney for your children. If your children have different desires, then each child will be appointed their own attorney. This will come at a hefty price tag as you and your spouse will be responsible for the legal fees for your children’s attorney or attorneys.
As you can see, if you and your spouse cannot settle, the Court will decide your future and the future of your children. This will come at a substantial financial and emotional price. Try to put any hurt feelings aside and see the emotional and financial benefit of settling your case. This path will not only save you money but will help you to move on with your life without the stress of going through a divorce.