Divorce can be a stressful and emotional process for all parties involved. Our friends at JWB Family Law who specialize in divorce law claim that one way to alleviate some of this stress is by reaching a settlement outside of court. Here are five reasons why reaching a settlement during divorce is beneficial.
- It Saves Time and Money
Going through a divorce can be a long and expensive process. Trials can take months or even years to complete, and the legal fees can add up quickly. By reaching a settlement outside of court, both parties can avoid the high costs associated with a trial. Settling can often be a much quicker process than going to trial, which can save both time and money.
- It Reduces Stress and Emotional Strain
Divorce can be an emotionally taxing experience for both parties involved. Going to trial can exacerbate this stress and strain. Settling outside of court can reduce the emotional burden of the divorce process and allow both parties to move on with their lives more quickly. What’s more, reaching a settlement can be a more amicable process, allowing both parties to focus on what’s important and move forward.
- It Offers More Control
During a trial, the judge makes the final decisions. However, reaching a settlement allows both parties to have more control over the outcome. By working together to come to an agreement, both parties can feel more satisfied with the final outcome and can tailor it to their specific needs. This can lead to a more equitable outcome for everyone involved.
- It Provides More Flexibility
Settlements can offer more flexibility than a trial. During a trial, the judge is limited to certain legal remedies and cannot take into account the unique circumstances of each party. However, reaching a settlement allows both parties to be more creative in finding a solution that works for them. For example, if one party wants to keep the family home, they can negotiate with the other party to give up their share in exchange for other assets or financial compensation.
- It Allows for Better Co-Parenting
If children are involved in the divorce, reaching a settlement can be even more beneficial. Settling outside of court allows both parties to work together to create a parenting plan that is in the best interests of the children. By working collaboratively, both parties can focus on creating a plan that works for everyone involved, rather than relying on a judge to make the final decision.
What are some important considerations when deciding whether to settle?
It’s important to note that reaching a settlement requires both parties to be willing to compromise and negotiate in good faith. This can be a challenge, especially if there is a history of conflict or a lack of trust between the parties. However, with the help of experienced legal counsel and potentially a mediator, it’s possible to come to a fair and reasonable settlement that works for both parties.
Furthermore, settling outside of court does not mean that the parties have to give up their legal rights or agree to a settlement that is unfair or unreasonable. Both parties still have the option to seek legal advice and have their attorneys review any proposed settlement agreements to ensure that their legal rights are protected and that the settlement is in their best interests.
It’s also important to note that reaching a settlement is not always possible or advisable in every divorce case. In some cases, going to trial may be the only way to protect a party’s legal rights or ensure a fair outcome during the divorce finalization. In these situations, it’s important to have experienced legal representation to ensure that the party’s interests are protected in court.
If you are facing a divorce, contact a lawyer near you for help.