Divorce is a difficult and emotional process for divorcing spouses and their families. The divorce process is not simply stating your intent to end a marriage – there are a myriad of decisions to be made regarding child custody, child support, visitation rights, and the division of property and other assets. Although these are all major decisions, it is generally much better to agree to terms though a divorce settlement rather than take a case to divorce court.
The primary reason to pursue a divorce settlement instead of going to trial in divorce court is the faster resolution for both parties. Taking a case to divorce court can mean many more weeks or even months of delay before a divorce is granted and arrangements are finalized. The lengthy divorce court process is commonly due to delays within the court system, judicial delays in making a decision, as well as time needed to gather and examine testimony, witnesses and other evidence. In the meantime, divorcing spouses and their children must bear the burden of an unnecessarily lengthy divorce rather than an expedited divorce that allows all parties to quickly move on with their lives. Rather than cause additional emotional distress, particularly on the young children of a divorcing couple, it is generally best to pursue a divorce settlement rather than a lengthy court battle.
In addition, both parties can benefit financially by pursuing a divorce settlement and avoiding a trial in divorce court. Divorce court is a costly pursuit, with many more hours of legal services needed in order to fully prepare a case. In addition to additional attorney fees, divorce court often involves the need for expert witnesses such as therapists, social workers, and mental health professionals. Couples going to trial in divorce court must also spend a great deal of time away from work, as they meet with attorneys and attend hearings. This additional time sacrifice often costs them valuable wages and can possibly put their job in jeopardy. Divorcing couples can significantly reduce the cost of their divorce by pursuing a divorce settlement that quickly and amicably divides their estate and makes provisions for their children and costs of future care.
Finally, another important factor to consider before taking a case to trial in divorce court involves the judge hearing the case. Divorcing couples basically put their child custody requests and asset division in the hands of a stranger with no familiarity regarding the marital history or circumstances regarding the divorce. Additionally, judges are limited by state legislatures in how they can rule and divide assets and other property, whereas divorce settlements can be more flexible and creative to ensure the needs of all parties are met. Divorcing couples can ensure their divorce proceedings are as efficient and fair as possible for all involved by pursuing a divorce settlement and avoiding the drama, high cost and added time and risk of a trial in divorce court.
The Texas Family Law attorneys of Christiansen Law Firm have years of extensive experience protecting the interests of clients in the midst of a divorce, with attorneys available in Houston and San Antonio ready to defend client's rights. Christiansen Law Firm offers clients exceptional legal services. Christiansen Law Firm strives to protect the interests and rights of clients and their children to ensure the divorce process is as efficient and pain-free as possible. Contact Christiansen Law Firm for a free consultation, or to request more information.