Asked & Answered

What are the Benefits of Settling a Divorce vs. Going to Trial?

Many people think of divorce as a dramatic courtroom battle, as often seen on television. The reality is that more than 95% of divorce cases are settled out of court, and for good reason. Choosing to settle is not a sign of weakness; it is a strategic decision to retain control and achieve a better outcome.

Consider the stark differences between the two paths:

Going to Trial:

  • Loss of Control: A judge, who is a stranger to your family and your finances, makes the final decisions.

  • Public Record: Your financial disputes and personal conflicts become public court records.

  • Expensive: A trial is the single most expensive part of the divorce process, often involving tens of thousands of dollars in legal fees and expert witness costs.

  • High Conflict: The process is adversarial by nature, which can substantially hinder any chance of a positive co-parenting relationship in the future.

Reaching a Settlement:

  • You Retain Control: You and your spouse, with the guidance of your attorneys, make the final decisions.

  • It's Private: Your agreements and financial details can remain confidential.

  • It's Cost-Effective: Settling your case saves enormous amounts of money in legal fees.

  • It's Creative & Future-Focused: You can agree to creative solutions (like a business buyout plan) that a judge may not be able to order. It allows you to build a foundation for a peaceful future.

Choosing to settle is choosing to be the author of your own future, rather than handing the pen to someone else.

Understanding your options is the first step toward a more peaceful resolution. To learn the specific strategies for settling your case out of court, download our free guide: The Path to Peace: A Guide to Settling Your High-Asset Divorce Out of Court.

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