Deciding whether to settle a divorce case or to have a trial

On Behalf of | Mar 4, 2020 | Divorce |

When a West Virginia couple is getting a divorce, there are many issues to consider as the process moves forward. One basic aspect is whether it would be preferable to settle the case or go to court. Assessing the case and thinking about the potential for a negotiated settlement or a favorable resolution in a trial is essential.

Both strategies have benefits and drawbacks. For many couples, time is a consideration. A trial will inevitably take longer to complete. Trial preparation can be time-consuming. Going to court often means missing work. A settlement generally avoids this. A settlement requires flexibility and in some cases, it is not possible. Financially, going to trial can be costlier than a settlement. Paying for an attorney’s time, the judge’s time, going to court – all can increase the bill. The cost of a divorce might be hefty. A settlement can be cost-effective.

Emotions will be frayed as a divorce proceeds. This can extend to the children. Trials can be exhausting and may impact personal and professional lives. Still, negotiations can also be fraught with negativity and be fruitless. This should be gauged as to whether it is viable to settle or the trial is preferable. A positive outcome is the goal of the case whether there is a trial or a settlement. When settlement talks stagnate, a trial could be the better option. This is true with child custody, property division, spousal support and more.

When the case goes to court, the judge will decide. It is out of the hands of the participants. For those who are weighing their options in a family law case, it is wise to have legal advice. A law firm experienced in all areas of divorce might be able to help.

FindLaw Network