Thursday, October 18, 2007

Settlement or trial?

Minnesota Divorce and Family Law has a post, Settlement Versus Trial, that anyone in any litigation ought to read but is particularly pertinent to family law matters. Some good stuff there but I do want to emphasize this bit:

"Why do some divorce and child custody cases settle out of court, and some cases have to go to trial? There are many factors that determine whether a family law case will settle outside of court, the most important which involve the willingness of the parties to compromise, and the willingness of the attorneys for the parties to facilitate that compromise.

Preparing for and proceeding with a family court trial is a long, expensive process. If the parties are close to reaching an agreement, but are unable to arrive at the final stipulated terms, both parties are likely to spend more on the expense of going to trial than they would if they EACH accepted the other party's terms.

Conversely, if the parties are not close to reaching an agreement, there most likely is a principal issue that needs to be addressed by the family court. Examples are whether there should be any spousal maintenance at all; whether an antenuptial agreement is void or not; or whether a third party is entitled to visitation with a minor child."

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