Skip to Content
Call For A Free Consultation 631-629-6874
Top

Whether To Settle Divorce/Family Law Case

|

Whether to settle divorce/family law cases is often one of the biggest global issues parties face.  They encounter a proposal that satisfies some but not all of what they believe they are entitled to receive or how issues related to their children should be resolved.

Perhaps any or many of these topics are not resolved to your total satisfaction: the custody determination, parenting schedules, child support, spousal support, distribution of assets, sale of the house, right to stay in the house until a set time or event, allocation of additional children's expenses, limitations on extra-curricular activities, decision making provisions, travel provisions, third party restrictions and a whole host of other legitimate concerns.

If you are a person of substantial wealth and the ability to litigate for years and pay attorneys and expert fees then the following may not apply to you, however 98% of people in the middle of contested cases face the reality of ongoing expenses, time away from work or other pursuits, and the emotional stress of continued litigation.

When clients would say to me "I want the Judge to decide" if I thought that might be a mistake I might tell them what many experienced divorce lawyers know.  Judges can and will make decisions but they will not take or have the time to draft a highly detailed agreement or schedule or take the time to address contingencies and events that may subsequently occur and are not in the decision.  There is a courthouse saying, "Judges make decisions with an axe with lots of rough and uneven edges, while parties that settle cases can have the lawyers draft agreements with a surgical scalpel and smooth out the rough edges."

I will never forget when I appeared in court with clients who could not agree on issues related to their children.  The Judge asked each parent if they love their children to which they emphatically said they do.  The Judge replied in a booming voice, "WELL I DON'T".  Most trials last a few days to a week and the question always is do you want a person who hardly knows each of you making those decisions.

Good luck and be guided by your experienced matrimonial/family law attorneys.