10 Reasons to Settle Your Divorce Case Before Ending Up in Court

There are several compelling reasons to try to settle your case before ending up in the courtroom. Going to court and letting the judge decide should be a last resort rather than the first choice because fighting it out in court takes a toll on you, your spouse, your children, and your pocketbook.

Here are 10 reasons why it is better to settle your divorce before going to court:

1. Cost Savings: Litigation can be extremely expensive. Legal fees, expert witness fees, court costs, and related expenses quickly accumulate, leading to financial strain. Settling out of court will save you money.
2. Time Efficiency: Court proceedings are lengthy, often spanning several months or even years. Settling out of court typically results in a faster resolution, allowing you to move on with your life sooner. You are also not bound by the court’s deadlines and timetable. This allows you to move at a speed that works for your schedule and allows for flexibility.
3. Reduced Stress and Emotional Toll: The adversarial nature of court proceedings is emotionally draining and stressful. Avoiding court can help reduce stress and anxiety for all parties involved, including children.
4. Privacy: Court cases are a matter of public record, meaning your personal and financial matters become part of the public domain. Settling outside of court allows you to maintain your privacy and confidentiality.
5. Control Over the Outcome: In court, the judge makes decisions based on the law and evidence presented, which may not align with your preferences. Settling out of court gives you more control over the outcome, allowing you to negotiate terms that work best for you. Creating your own settlement outside of court also allows you to explore creative and feasible solutions that the court will not consider.
6. Customized Solutions: Court decisions tend to limited and narrow, while out-of-court settlements can be tailored to your unique circumstances, whether it’s dividing assets, arranging child custody, or addressing other issues.
7. Preservation of Relationships: Litigation strains relationships further, making future interactions more challenging. Settling amicably can help preserve relationships, which is especially important in family matters.
8. Flexibility and Creativity: In court, judges are limited in what they can order. Settling outside of court allows for more flexible and creative solutions that can better address your specific needs.
9. Less Uncertainty: Court outcomes are unpredictable, as they depend on various factors, including the judge’s discretion. Settling out of court provides a degree of certainty and control over the final outcome.
10. Flexibility for Future Adjustments: Some agreements may need adjustments over time. When you settle out of court, you can build flexibility into your agreements, making it easier to adapt to changing circumstances without returning to court.

In many cases, pursuing an out-of-court settlement through Mediation or Collaborative Divorce is a practical and advantageous choice. It leads to a more cost-effective, efficient, and emotionally manageable resolution that better serves your interests and the well-being of everyone involved.

Originally posted to Collaborative Divorce California