Should I settle or litigate my divorce?

Ending a marriage can be a complicated and emotional time. In most cases, divorcing spouses want to make the process as easy as possible, especially when they have children.

But that can be easier said than done when disputes arise over distributing marital property or determining custody arrangements.

Four divorce factors to consider

Each marriage and divorce are unique, but there are common considerations. Compare these four primary components when choosing between negotiating or going to court:

• Length: Divorce trials can take more than a year, depending upon court calendars. Settling, which can include mediation, collaboration or negotiation, usually takes a few months.
• Expense: The longer your divorce takes, the more you’ll pay in attorney fees, court costs and related expenses. While trials can run into the five-digit range, some settlements cost a few thousand dollars.
• Stress: The longer and more expensive the process is, the more stress it’ll likely add to you and your family. Trials are contentious, by nature, concentrating on past areas of disagreement. Settlements usually focus on the future, and both parties control where, when and how often they meet.
• Outcome: If you and your soon-to-be-ex agree on most issues, settling takes less time, costs less and is typically more peaceful. However, if your spouse demands an unfair share of marital assets or time with your kids, litigation may be the best route to achieve your goals.

Don’t let emotion dictate your path

Avoid the urge to go to trial as a way to get back at an unfaithful or neglectful spouse. Courts expect law-based arguments on why you deserve a larger share of assets or more time with your children. Judges don’t want to hear grievances against the other party.

If you are on the path to divorce in Connecticut, it’s advisable to consult an experienced and compassionate family law attorney who can help you focus on a fair and equitable outcome, putting you in the best position possible for your future, whether that’s by settling or litigating.