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When is It Best to Litigate or Settle my Divorce?

Posted by Gossman Law Firm, LLC || 19-Jun-2018

While everyone is somewhat familiar with the concept of divorce, you might not be entirely sure about what the process entails. Some divorces can be simple and the couple is able to work out a fair settlement without much arguing, while other divorces involve complex financial portfolios or contentious spouses who can’t compromise on their divorce settlement.

Complex divorce cases require the assistance of financial experts, forensic accountants, valuation experts, real estate appraisers, vocational consultants, and other professionals. All of these professionals are needed before the couple even decides to go to court. All of this can consume a large portion of your time and money, which is why it is important to know when it is best to litigate or settle your divorce.

What are You & Your Spouse Arguing About?

If you and your spouse can’t agree on the amount of spousal support, the terms of your child custody agreement, or how to fairly split your stock portfolio, you might need help from experienced professionals to negotiate these terms.

When your disagreement is about sole custody or if there should be alimony payments at all, or if you suspect your spouse is trying to conceal valuable assets from you, you want to have such issues taken up in court. The main thing to determine is if you are in a position to negotiate or if you are too far apart on issues and will need a judge to decide for you.

Do You Have the Money for Trial?

In some divorce cases, there is a real possibility that you will end up spending more money on the trial than if you had just agreed to the first terms you discussed with your spouse. You also risk coming out of trial with a settlement that isn’t as fair as what you discussed with your spouse.

Although going to trial can be both expensive and risky, it is worth it in situations where you want to maintain custody of your children or when your spouse refuses to negotiate in good faith. If you have enough money set aside to take your case to court, and you aren’t in a rush to get your divorce finished, then litigation might be the right option for you.

Can Your Family Take the Stress of a Trial?

Trials can be very tough on a family, especially when children are being fought over by the parents. The emotional grind of a public trial might be more than you’re willing to put your family through. Carefully consider the well-being of your family before you decide to take your case trial.

Are You Willing to let a Judge who Doesn’t Know You Decide Your Future?

If you decide to go to trial, you won’t be able to control which judge hears your case. Although judges are held to a high standard of professional impartiality, they’re only human and have to make life altering decisions based off of limited information. This means you can’t guarantee the judge will understand your perspective. Once a judge makes a decision, it is final, even if you believe it to be unfair.

At Gossman Law Firm, LLC, our divorce lawyer has years of experience helping families resolve their disputes and move on to the next phase of their life. From mediation to litigation, we can handle all of your divorce-related needs. Let us put our skills to work for you today.

Call (205) 422-0704 to schedule your free consultation with our Birmingham divorce attorney.

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