Settle or litigate?: Consider these 4 divorce factors

| Jun 17, 2021 | Divorce |

Each marriage is unique, and when spouses decide to go their separate ways, they have specific choices to make over the type of divorce process to pursue. Should they go to court or work together to settle their differences?

Most couples want to make the process as fast and painless as possible, especially when they have children. However, many times it’s not so simple when complex financial assets are involved. While each case is different, there are common factors to consider.

Four primary divorce components

Along with consulting an experienced Georgia family law attorney, it’s advisable to weigh these four elements:

  • Time: Trials can take more than a year, and you are at the mercy of court calendars. Settlements usually take a few months.
  • Cost: Settlements using mediation, collaboration or negotiation can cost a few thousand dollars. The longer your case takes, the more it will cost, and trials can run into the five-digit range.
  • Stress: Litigation takes longer and costs more, increasing stress levels for all. Trials also generally focus on past areas of disagreement. Settlements usually focus on the future and are more peaceful as both parties control how often, where and when they meet.
  • Outcome: When spouses agree on most major issues, settlements typically take less time, cost less and are not as stressful. However, if your spouse won’t budge on demands over dividing assets or parenting time, going to trial may be your best opportunity for a fair outcome.

Stay focused and don’t let emotion dictate your actions

Your lawyer can help you consider these and other essential issues and recommend the most equitable way to achieve the desired results. While divorce can be a devastating and emotional process, it’s not a good way to seek revenge against an unfaithful or neglectful spouse.

Courts demand that both parties present well-reasoned legal arguments on why they deserve a larger share of marital property or more time with their kids. Judges don’t want to listen to grievances against a spouse. Your attorney can work for a peaceful settlement when possible or fight for you in court if necessary.