The Practical Aspect of Settling Your Divorce

While I understand that you are probably feeling a whole host of emotions from anger to hurt, even resentment, my advice to you is attempt to put those feelings aside and settle your divorce before entering litigation. Allowing your feelings to determine the course of your divorce is not practical. Even if you are in the middle of litigation and believe that you have spent an excessive amount of money and energy you should still attempt to settle. By settling your case, you are not only saving time and money, but you will be able to control the terms of your settlement and your future.  Remember settling is a compromise, and neither you nor your spouse will be able to get everything desired.

If you are unable to settle then the following is the path you are headed down:

Custody: If you cannot decide custody of your child(ren), then the Court will appoint an attorney for the child(ren) (AFC). This will only add to your legal fees and take the situation out of your control. Most importantly, it will force your child(ren) to speak to his/her attorney about the details of your divorce in his/her eyes and who the preference is for residential parent. That is an enormous burden to place on a child.

Equitable Distribution: When it comes to distributing property, the Court will decide what is “equitable” which may not necessarily equate to 50/50.  Equitable is not equal.  A trial court has broad discretion to fashion awards based on the circumstances of each case and the Court’s decision will not be overruled unless there was an abuse of discretion or failure to consider the requisite statutory factors. 

If you and your spouse cannot come to a settlement, the Court will decide your fate, which will come at a substantial financial and emotional price. Trying to settle your divorce is not only financially responsible, but it could also protect you from the emotional strain of ongoing litigation and will enable you to have better control of your future.