Try To Settle Your Matrimonial Case

My advice to all of you who are in the middle of a divorce is to attempt to settle before entering litigation. While you may be angry or hurt, letting your feelings determine the course of your divorce is not practical and will not help to resolve your feelings. 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.

Regarding custody, if you and your soon to be ex-spouse cannot decide then an attorney for the child (AFC) will be appointed which will only add to your legal fees and take the situation out of your control.

When it comes to distributing property, the Courts will decide what is “equitable” which may not necessarily equate to 50/50.  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. From a business decision, 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.