Divorce - Is There a Real Need for a Trial

Here's a bit of information from a Scottsdale, Az divorce attorney that affirms how many attorneys truly are interested in assisting divorce litigants.

I receive weekly emails from Scott which offer a hand up to those contemplating divorce.

Hello again,

We've covered a lot of territory together since you started this eDivorce Course several weeks ago. You're doing a great job of working through these materials, of building a solid foundation for your divorce education.

Today, I want to talk with you about the importance of making every effort to settle your case. Lots of couples are able to go through the divorce process without the need for trial; it's quite likely that you can avoid a trial as well. That's why I encourage you to work through as many agreements as you can with your spouse, and start negotiating early.

Before we begin, take a moment to review the following article:

10 Ways Settlements Help

Ready? Here's a list of five settlement principles to keep in mind when your divorce negotiations begin in earnest:  

1. Only you and your spouse (not the judge) are capable of creating a separation agreement with terms that work for you both, given your personal goals and unique circumstances.

2. When unresolved disputes are litigated at trial, the judge may render a decision in favor of a party who really doesn't deserve it.

3. Divorces are intensely personal. Any issue that is not settled will be decided by the judge, a decision-maker who does not know you or your family beyond the pleadings and relevant evidence.

4. Trials take a long time and are expensive to litigate. If you (or your spouse) don't like the result, you can appeal the judge's decision. But appeals cost money, too.  

5. No matter how prepared you are for trial, you could lose on the issues that are most important to you.

When you're frustrated with the pace of settlement negotiations, take a step back and reflect on these five principals. If there's any chance that lingering issues of custody, family support, or the division of property can be negotiated or mediated, then give settlement another try.

Sincerely,

Scott David Stewart
Attorney

www.sdsfamilylaw.com

www.caseboss.com

As Always,

Little Tboca