Preserving Families

And Protecting Assets

mother and two kids walking at sunset

Is settling a divorce in or out of court the best decision?

Most couples whose marriages are ending would probably choose to settle their affairs out of court. But this may not be possible if a Texas couple can’t agree on major issues involving the divorce process. In such cases, litigation may be the only road upon which they can travel. It’s important to know, however, that taking the step to litigation, relinquishes a lot of the control a couple’s has with their divorce and gives it to a family court judge who will make many decisions for them. 

Merits of settling out of court 

Settling a case without involving the court is typically less time-consuming. The court route could take months or more than a year depending on the court’s calendar. Litigation usually costs more as well. Costs can add up fairly quickly when going to trial, as there are attorney fees, courts fees and other costs. Therefore, coming to a settlement out of court will likely be less costly to both parties involved. 

Potential difference in the amount of stress involved  

It’s true that sitting across the table from a soon-to-be former spouse may not be the most pleasant exercise in the world, but chances are it would create much less emotional turmoil than heading to court. Litigation means both individuals are at the mercy of the court’s clock, and when they’re asked to appear, they must drop everything to do so. This is likely to create more angst than negotiating the divorce-related issues privately. 

That said, there may be times when going to court to end one’s marriage may be worth all the time and cost. This can especially be true when one spouse believes he or she isn’t being treated fairly or when parents can’t agree on custody situations or child support. An experienced lawyer can carefully guide a client through all the intricacies of the divorce process, including helping to determine if settling outside of court or litigation is the best option for one’s unique situation.  

Archives