Divorce: Going To Court Versus A Settlement

Divorce: Going To Court Versus A Settlement Dissolution of Marriage

If you’re going through a divorce, you may think that an aggressive battle in court is what you want. But, you should first consider the benefits of a settlement versus court litigation. Often, a settlement can provide many more benefits than going to court. Keep reading to learn more about the difference between going to court and a settlement in a divorce. 

What is a Divorce Agreement?

In California, a marital settlement agreement is a document that a divorcing couple uses to settle issues related to their decisions regarding alimony, child custody, the division of assets, and child support. Generally, a couple will file an agreement with the help of a divorce attorney or mediator. A couple can enter this agreement before or after they officially file for divorce. Once signed, the couple is obligated to comply with the terms of the agreement. If a divorcing couple seeks an uncontested divorce, they must submit the divorce agreement to the court. Including this document during divorce proceedings creates a contract that is enforceable by the court. 

Benefits of Settling Divorce Out of Court

Even though it may be appealing to battle things out in court, there are several benefits to settling a divorce without going to trial. 

  • Saves Time: Settling instead of taking your divorce to court can save you significant amounts of time and energy. While a settlement can be completed within a few months, going to trial can take a year or longer.
  • Better for Your Wallet: A lengthy litigation process can cost you a lot in divorce lawyer fees. Meanwhile, choosing to settle costs less time and money than going to court. 
  • Less Stressful: Settling your divorce in private will give you peace of mind knowing that your family’s situation will not be available to the public. A drawn-out divorce can also cause a lot of stress, with lawyers constantly contacting you for information regarding your case. You can avoid all of this stress by choosing to settle your divorce.
  • Cooperation: When you’re getting a divorce, the main goal should be to cooperate with your partner to determine the best, fairest course of action. Signing a settlement agreement shows that you are dedicated to working towards a cooperative solution for all concerned. 

When to Go to Court in Divorce

You should always try to settle before taking your divorce case to court. If protracted efforts have been made to reach a settlement without any progress, then you may start to consider litigation. You should also go to court if your partner is non-cooperative or overly aggressive. 

Schedule a Consultation

At Bloom & Rudibaugh, we have an experienced team of family law attorneys who hold expertise in all aspects of California family law. No matter the circumstance of your divorce, we are prepared to help you settle your divorce or litigate if settlement is not an option. Call our Hemet Law Office today at 951-652-1400 or our Murrieta/Temecula office at 951-296-5360 to schedule a consultation with one of our family lawyers.