Is It Better To Settle Or Litigate Your Divorce Case?

Is It Better To Settle Or Litigate Your Divorce Case?

Are you starting a divorce and wondering if settling is better than litigation? A settlement might be a better option if you’re worried about going through a lengthy court battle. Even if you’re looking forward to an aggressive strategy, going to court isn’t always the right choice when it comes to divorce. Often, many couples can avoid court and still arrive at a fair settlement. 

What Does it Mean to Litigate a Divorce?

Litigating a divorce simply means going to court and having a judge determine the terms of the divorce. Litigation typically happens when couples can’t agree on how to proceed with their case. 

What Should I Consider in a Divorce Settlement?

You have to be prepared going into your divorce settlement. A good divorce attorney should help you do this, but it’s still good to know what to expect. When working through a settlement, you’ll talk about many things. Make sure you have everything you want in your settlement. Some things to consider including in your divorce settlement are: 

  • Child support
  • Spousal support
  • Division of shared assets and liabilities 
  • Retirement accounts
  • Visitation/Custody rights
  • Future expenses 
  • A plan for your house 

When is a Divorce Settlement Unfair?

Although divorce settlements encourage spouses to work together to come up with the best outcome for everyone, there are situations in which a divorce settlement is unfair. You should never sign an unfair divorce settlement just to get it over with. There are ways to challenge an unfair settlement, the best way is to not agree to an unfair settlement, in the first place 

Unfair divorce settlements often occur when one spouse is dishonest about their assets and liabilities. A divorce settlement is also unfair if one spouse requests more than their fair share of custody, asset division, or spousal support  unless explicitly agreed upon ahead of time. 

Is It Better To Settle Or Litigate Your Divorce Case?

Whether you settle or litigate your divorce case depends on your relationship with your spouse and how likely you are to reach an agreement. You should always attempt to settle before deciding to litigate your divorce. A divorce settlement is beneficial because it: 

  • Saves time
  • Costs less
  • Is private
  • Causes less stress
  • Involves cooperation 

Working with your spouse to settle your divorce outside of court creates a spirit of collaboration between both sides. It also shows that you are still dedicated to respecting one another and leaving any family in the most advantageous position possible. 

Unfortunately, settling doesn’t always work out. If you make several attempts to settle your divorce but cannot reach an agreement, you may need to consider litigation. You should also go to court if your partner is non-cooperative, overly aggressive, or potentially dangerous.

Schedule Your Case Review Today

At Bloom & Rudibaugh, we have an experienced team of family law and divorce attorneys who hold expertise in all aspects of California family law. We develop meaningful connections with our clients and have a high level of settled cases. No matter the circumstances 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 attorneys.