When Is Settlement A Win In Divorce?
Divorce is not easy for anyone, especially when the matter is highly contentious. In these situations, the word “settlement” can sound like defeat, however, there are many cases when settling is the best option. Let’s discuss what situations make settlement a win:
When Emotions are High
Divorce is a stressful process; the mental and emotional toll of the divorce has the potential to negatively impact your life in many ways. Litigation significantly increases the duration of the divorce, while settlement has the potential to decrease the length of the process. The sooner the divorce is completed, the sooner you can reduce stress, gain freedom and begin your new life.
When Litigation is Viewed as Punishment
Your former spouse may have done some terrible things during your marriage, and you may want to see them reprimanded formally, which is a normal reaction. However, litigating your divorce will not fulfill this wish. In a divorce trial, the Judge will examine the facts of the marriage and decide what the most equitable way to divide marital assets and debts would be. Judges very rarely chastise a party for bad behavior; it simply is not a part of the process. The law views divorce matters through the black and white prism of the law; there is no emotion or revenge involved.
When a Reasonable Offer is Extended
If the opposing party extends a fair and reasonable offer, no matter what your emotions are saying, it is wise to take that offer. It does not make fiscal sense to litigate a divorce if the opposing party has proposed a reasonable offer. In many ways, continuing with litigation after receiving a reasonable offer results in cutting off your nose to spite your face. For example, you may have dragged your spouse through the mud, but you now have much higher legal fees to pay.
When an Exceptional Offer is Extended
There are some occasions when a party will extend an offer which is better than what you would receive in Court from a Judge. While litigation may feel like the path you want to take to rake the offending party through the coals, ultimately, you have a higher chance of negatively impacting yourself if you do not take an exceptional offer. Michelle Hopkins and her team can advise you as to what is considered an exceptional offer, and what you may realistically receive in Court based upon the circumstances of your divorce.
When Finances Are A Concern
Divorce trials are very costly. When custody is at issue, divorce trials become the most expensive. Thousands of dollars will be spent litigating a divorce trial, and if you are concerned about how your finances will look after your divorce, know that litigation will further negatively impact them.
You may want to pursue litigation to drain your spouse of money to be used restarting their life with their paramour, however, keep in mind that in order to get your spouse to spend money, you will have to do the same. It is common to spend $100,000 arguing over $50,000 when emotions are high.
Michelle Hopkins and her team are cognizant of their client’s financial needs and will advise clients what the best choices would be to help them have a better financial position after the divorce.
How Do I Know If I Should Accept A Settlement Offer?
It can be difficult to know if a settlement offer is fair and should be accepted. Many parties struggle to determine what is best for their life long term; they cannot see five years down the road because of the stress of such a significant life event. Michelle and the lawyers at The Hopkins Law Firm can assist you with making this determination.
Litigation may seem like the best route for revenge; however, the Court’s job is not to exact revenge, but to what is the best interest of the children (if any) and to equitably divide the assets and debts of marriages according to the law.
In certain circumstances, a settlement offer may result in a better long-term outcome than litigation would. If you are struggling to determine if it is in your best interests to accept a settlement offer or to litigate your divorce, the lawyers at The Hopkins Law Firm have significant and diverse experience with settling and litigating divorce matters. Should you need assistance with your divorce, please contact The Hopkins Law Firm at 571-248-2210.