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Should I litigate or settle? PART 2

In our last post, we discussed two avenues of divorce: settlement and litigation. There are a lot of considerations to make when deciding which route to take. As we mentioned previously, time and money are a big consideration, but there are definitely other things to mull over before you make a decision.

Florida residents who are planning to divorce need to ask themselves: What am I fighting for and is that worth going to court over? If your soon-to-be ex continuously completely disagrees and is not willing to negotiate on certain issues, this may be grounds for litigation. On the other hand, if you feel there is room for negotiation on things like alimony or custody timelines, then this could be worked out in a settlement.

Similarly, divorcees have to think about whether they want a judge to rule on those issues. Readers have to remember that a judge is someone who does not know you, is likely underpaid and overworked, and may have deep-set biases that could affect the outcome of the trial.

Finally, and possible most importantly, don’t let your emotions make the settlement versus litigation decision for you. It’s easy to get riled up over a certain issue and head straight for the court room, but it may not benefit you in the long run. An attorney may be able to help you make a logical decision by explaining the pros and cons of each option, as well as the possible outcomes. Keeping a level head throughout the divorce process, especially when there is a lot at stake, will benefit a divorcee in the long run.     

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

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