Questions to Consider when Deciding whether to Settle Your Divorce Case

You Might Lose

Half of the people that go to divorce court lose. In every case, there is a winner and a loser. Even if you win, you may lose, because of attorney fees and other costs, like the lasting acrimony and damage that a trial can cause.

How Much Time Do You Have?

The civil trial court system is notoriously slow. Even when your trial date finally arrives, extensions may be filed and your judge may not even rule at the end – he could elect to take your case “under advisement,” which means think about it for a while. And “a while” could last for months. Even once a judge has ruled regarding disposition of assets and custodial issues, any or all of his decisions can and are likely to be appealed by the other side.

Divorce Court Is Expensive

Divorce court involves enormous expense, time and uncertainty. You have to take time off from work. Lawyers and expert witnesses may cost thousands of dollars. You are spending your kid’s college money.

 Lawyer Time Is Not The Same As Real People Time

The system is slow. It takes a long time to get to trial and the judges do not always rule at the end of the case. They may take a case under advisement at the end of the trial, which means they want to think about it. Then you may not get the result for weeks or months. And then there are the appeals. Throughout this entire process you will be paying a lawyer fees for his/her time.

The Judge is Not Your Friend

The judge is a stranger who you have now empowered to make decisions about the most important things in your life – your family and your finances. His decision will be made based on the facts of the case and prevailing law, not your feelings or opinions.

Being “Right” is No Guarantee

Houston judges and juries do not have crystal balls into which they can peer and see the truth of your situation. They can only go by the testimony and evidence presented by your lawyer AND opposing counsel. In the end, someone will win and that means someone will lose – and there is zero guarantee that you will prevail, even if you are more deserving or the one telling the truth.

Do You Have the Same Limits as a Judge?

The answer is no. Houston courts can only make decisions based upon the laws that govern your particular case, but you may be able to reach a private agreement without being bound by legislation. There might be a unique opportunity to compromise…find out before you go to court.

What Will a Trial Do to Your Family?

Custody trials can be particularly painful and even ruin family relationships. Your children will inevitably be torn between their parents, and the results can be psychologically devastating. You made your child with your partner, and even though you are no longer together, that other person will forever be a part of your child’s life – and, by extension, yours. Do you really want to sour an ongoing relationship?

There may be situations in which you are given no choice but to pursue your legal rights in court. However, your chosen attorney should first pursue all possible solutions to avoid damaging relationships, losing money, and spending years tied up in court.

Article provided courtesy of the Law Office of Bryan Fagan, Local Houston, call 281-653-6553, 17101 Kuykendahl Rd., Houston, TX 77068