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Should I litigate or settle? PART 1

On any given day, a lot of people in Florida and across the country are either going through divorce, have just ended the process or are contemplating a split. Although we hear about divorce quite a bit, a lot of people don’t really understand the process fully. Most people will look to the divorce of those they know as an example of what to expect, but as our readers likely understand, every divorce will have its own unique ups and downs.

Some people might think that divorce automatically means the two spouses will end up fighting it out in court. They may be surprised to hear that about 95 percent of all divorces are actually settled out of court. Since that does leave room for any given divorce to fall into that litigated 5 percent, there are a few things that future divorcees should think about if they are considering litigation.

First, can you handle the stress of a trial? Furthermore, can your family handle the stress of a trial? The process can be extremely trying (not to mention public) and that is something that needs to be taken into consideration when you have children.

The next thing to consider is resources – specifically time and money. Any lawyer can tell you that there have been divorces that have cost their clients thousands if not millions in legal fees. Each individual has to consider whether they have enough money to litigate and if it will even be financially worth it to do so. Finally, it’s also important to consider time constraints. Do you have the time to invest in a trial and will that be a good use of your time?

In our next post, we will continue discussing the topic of settlement versus litigation.

Source: Forbes, “Divorcing Women: Is It Best To Litigate or Settle?” Jeff Landers, May 22, 2014

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