That is a big question and there is no perfect answer. However, there is
a good answer.
Hopefully you have selected an experienced
divorce lawyer who knows the law, practices in the courthouse regularly and whose
advice and knowledge you trust. If the answer to any of those questions
is no then be careful if the advice is contrary to what you think you
Assuming that you have an excellent matrimonial attorney, then the answer
is it depends. If the lawyer is giving you advice that you really disagree
with, then it may be time to rethink what you want to do and possibly
reconsider if the attorney understands your goals and is the right attorney
for you. If you want child support of $1,000 per week but your spouse
earns $75,000 then the result is not likely from the courts nor would
the child support formula provide that result. If on the other hand the
issue is how the parenting schedule is to be set up then your concerns
are very important because you have to follow that schedule every week.
If the question is about how the court would
divide assets or award
child support or
spousal support your attorney's advice will probably be correct. If your attorney
is suggesting that the judge has already indicated the probable result
if there were motions or a trial, then I would urge you to follow your
attorney's advice. However, if the financial cost of litigation is
not a factor for you and if you really think the court will decide in
your favor, it may be necessary for you to hang in even if your attorney
is recommending settlement.
As a practicing matrimonial attorney for over 30 years, I usually am able
to explain to the client why the advice is most likely correct and usually
my clients will follow the advice. However, if they choose otherwise I
will vigorously represent their position, but I always will explain the
costs of continued litigation both financially and emotionally. There
is a huge value to finality and getting it done. So I urge clients to
consider whether the particular issue is the one to fight for.