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Unfortunately some people think the only way they will get what they deserve in a divorce is by going to court. The problem with going to court is that while the laws are predictable, judges are granted a great deal of discretion to apply the laws to the unique circumstances which make up each divorce. Whenever parties leave decisions in the hands of the court, they risk an unfavorable outcome. Understanding the law and the likelihood of success on any given issue can help a person decide whether fighting the issue is a worthwhile investment of time and money or whether it would be better to simply negotiate a settlement.
In deciding whether to negotiate a settlement, parties should consider not only the investment of time and money but also the investment of emotional energy. Divorce is an emotionally charged process regardless of the circumstances and minimizing the emotional costs should be a main consideration in reaching a settlement.
One of the greatest benefits a good family law attorney can bring (other than legal knowledge and expertise) is the ability to understand when a party should go to trial and when a party should settle. At any point during the litigation process parties can reach a settlement. Even after a hearing, parties can reach a settlement before the court issues an order.
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