A divorce can be resolved through litigation or settlement. When you choose litigation, you will have to present arguments in family court and have the outcome decided by a judge. Meanwhile, settlement involves both parties reaching mutual agreements without going to court. Both approaches have pros and cons and understanding them can help you make an informed decision. If you are considering a divorce, you should hire a Milwaukee divorce attorney to represent your interests as well as ensure all the necessary preparions are prepared and filed.
What to Expect When You Choose a Divorce Settlement
Settling your divorce means you and your spouse agree to the terms and conditions of your divorce without letting a judge make decisions for you. This includes issues such as property division, child custody, and child support. A divorce settlement can work for you if both parties can communicate effectively and work together.
When you choose to settle your case outside the courtroom, you can negotiate with each other directly. Also, you can consider a collaborative divorce or mediation, which involves a third party like a family law attorney or mediator, facilitating talks and guiding negotiations.
Benefits of Reaching a Divorce Settlement Without Going to Court
Settling your divorce out of court offers the following benefits:
- Money and time savings. Cases that end up in court can take months or years to resolve. The reason is that these cases should be put in the calendar of the court and you must present arguments before a judge. Meanwhile, you can reach settlements without appearing before a judge and you can complete the settlement process within just weeks.
Moreover, court costs, attorney’s fees, and expenses for expert witnesses are not cheap. In general, settling a court out of court is more affordable than litigating your divorce.
- Reduced stress. Court trials can be stressful, particularly if they drag on for years. Sometimes, settlements are less taxing as they let you avoid the uncertainties associated with trials.
- Increased control. Should your divorce go to court, a judge will decide how to resolve your issues. But with a divorce settlement, you and your spouse reach mutual agreements on some matters.
What to Expect from Divorce Litigation
Divorce litigation can be the only option if issues in a divorce remain unresolved. This involves submitting the required paperwork to the court. Usually, it is pursued when spouses can’t agree on how to settle their divorce-related issues. In this case, a judge will give an official judgment that you and your spouse should abide by.