Should I Settle My Divorce or Let the Court Decide?

No one looks forward to the months of litigation that often follow a divorce. Arguing spouses are often unable to agree on property division, child custody, and spousal support, among other issues. While there are many alternatives to traditional divorce litigation, it is not always in the best interests of both spouses to go through these methods. No matter what the case may be, it is extremely important that both parties recognize that the decisions made in divorce have a lifetime of consequences.

There may be instances where one party is able to get all, or most, of what they want from a divorce in a settlement or agreement without the need for litigation. If this seems to be your situation, you should explore these options. This is significantly easier than spending months in the courtroom, and should be at least attempted for the sake of all involved.

When should you litigate your divorce settlement?

Even if you and your spouse agree to the terms, there may be cases where your spouse's attorney may refuse to accept your agreement decision. In one case, our client was being bullied by their former spouse. This spouse controlled the family finances and was the primary wage earner, but had otherwise abandoned the family to their own devices.

Our client sought to retain:

  • The marital home
  • Custody of the children
  • Support to ensure the peace of the children

The spouse had more than enough money to make this a reality for our client, leading us to believe that our support request would be looked upon positively by the opposition's attorney. They preferred to take our client to court, assuming that this would be in their best case.

Taking the case to court resulted in our client getting everything they requested and more, more than what they would have been awarded from the outset. The best thing you can do is get a divorce attorney to advise the case and be reasonable in your demands. In many cases, settling the divorce can get the same results as litigation with a fraction of the hassle.

The Law Office of Dennis R. Vetrano. Jr. LLC is a family law firm located in Dutchess County. Contact the firm today for a case evaluation.

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