Why Settle With Your Spouse Instead Of Going To Court In Denver?
Top-rated Denver divorce attorneys, where clients matter most.
Arbitration, Negotiation & More
When the two parties in a divorce case can manage to come to an agreement between themselves about major issues such as child custody, child support, and the division of marital property, they are much more likely to be able to obtain their divorce without having to go to court. Avoiding a court trial allows them to keep their legal costs down and ensures that they are able to make choices for themselves, rather than have a judge make those choices for them.
Many people believe that all they need to do to get a divorce is to hire an attorney and file the paperwork for the divorce. This couldn’t be farther from the truth, for once the case is filed, the real work begins. The spouses are expected to work together towards a settlement – even though that may be a difficult proposition – so that they can attempt to resolve their differences outside of the courtroom.
How To Settle With Your Spouse
Sometimes the best way to negotiate a settlement is to meet in a neutral location (not an attorney’s office) that allows the couple time and space to explore their options. They may find, however, that some of their differences are irreconcilable at this juncture, so their negotiations may be only partially successful. When this happens and it becomes clear that some of their issues simply cannot be settled between the two of them, they may choose to negotiate through their lawyers, or they may utilize the services of a professional mediator.
Early on, one of the intended results of settlement is to produce a working agreement known as a separation agreement, which as its name implies, allows the spouses to agree on such issues as interim financial support and child custody while the divorce process proceeds. This early agreement will usually form the basis for the final agreement that is worked out – either between the spouses and their attorneys – or in mediation. All of this, of course, is intended to avoid the costs and inevitable delays of a court trial.
Going To Court
As you can see, the importance of making every effort to settle with your spouse before turning to a trial (aka “litigation”) cannot be over emphasized. Many couples are able to go through the divorce process without winding up before a judge, so this is certainly a worthwhile objective, and the key to making it happen is to settle with your spouse – and do it early.
Something to keep in mind is that only you and your spouse are truly capable of crafting a settlement on terms that work for both of you. A judge cannot do this because he or she will be missing insight into each person’s goals and extenuating circumstances. Something else to consider is that trials are expensive to litigate, as they take up the time of both attorneys, and they can also set the divorce timetable back if the court docket is crowded.
Trials, in short, can be extremely frustrating. Not only are you unable to control the judge’s decision, but you must accept it (unless you wish to engage in an expensive appeal). And what you are forced to accept at trial may be far worse than you could have negotiated in a settlement out of court, either directly with your spouse or through mediation.
In conclusion, keep in mind that it’s natural to become frustrated with settlement negotiations, but it pays to take a deep breath and reflect on the alternative, a court trial. Talk about frustration! In short, if there’s an opportunity to settle, grab it and move on – after all, you have another life waiting in the wings.
Divorce Matters® represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.
Call Divorce Matters today at (720) 408-7469 to schedule an appointment with an attorney.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including:
Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).