When you are considering divorce or still early in the divorce process, it may be hard to imagine amicably resolving your conflicts with your spouse. However, the reality is that 97% of divorce cases ultimately settle. Connecticut courts and their dispute resolution programs encourage this. The parties also have significant incentives to avoid litigation. Accordingly, divorcing couples should discuss settlement with their attorney to determine whether it is an option and how best to achieve a fair result.
Benefits of Settling Your Divorce
Litigation is time-consuming and expensive. An out-of-court resolution saves time and money. It also reduces the stress and emotional strain associated with divorce so the parties and their children can move forward to the next stage of their life.
Going to court is also risky. A judge may not decide in a party’s favor. With settlement, the parties compromise so both get a win and a loss. In addition, they have the flexibility to devise their own solution to problems rather than a judge imposing one on them. This is particularly important when it comes to issues related to child custody and parenting plans.
Weighting Litigation vs Settlement
The probable outcome of many divorce disputes can often be determined by an experienced divorce lawyer. Connecticut law provides statutory formulas for alimony and child support. Property distribution rules are well-established. Guidelines governing child custody also exist.
As a result, when there are conflicts, a knowledgeable attorney can evaluate the facts, circumstances, and applicable law and provide advice on what the court is likely to decide if the case is litigated. There are no certainties but, in many cases, the attorney should be able to offer an opinion on the likely outcome of the case, risks of going to trial, and potential exposure of the losing party.
The anticipated results in litigation vs settlement should be weighed in deciding whether to settle and what terms to offer and accept. If comparable terms can be achieved in settlement after factoring in the extra cost of a trial, settling should be strongly considered.
Addressing Settlement with Your Attorney
Settlement should be discussed as soon as reasonably possible because the longer the case goes on, the more cost and stress. Typically, parties should talk with their attorneys after both sides have provided their financial disclosure documents and other discovery has occurred on a disputed issue. At this point, there should be enough information to develop a settlement proposal to be shared and negotiated with the other side. It’s important to have an attorney who is a skilled negotiator to help resolve the case as favorably and efficiently as possible.
Choosing Litigation
In some situations, settlement isn’t possible. For example, disputes over custody where a parent wants to relocate, or those involving mental health, substance abuse, or domestic violence may be difficult or impossible to settle. Other times, the parties cannot find a compromise or refuse to cooperate. Where settlement cannot be achieved, litigation is necessary and a skilled litigator is essential to represent your interests.
Our attorneys have substantial experience advocating for clients in settlement discussions and the courtroom. We work hard to find an amicable and efficient resolution of a divorce but if that doesn’t occur, we do not shy away from aggressively litigating our client’s position. If you are considering divorce, contact us to learn how we can help you.