Thursday, September 15, 2016

Divorce Trial or Settlement; Which is Best

Is There Such a Thing as a Quick Exit in Divorce?

Often times people want their divorce to be done quickly.  People want to know the exit point.  They want to get out of dodge quick as possible and move on.  A quick settlement, however, isn't always best.  Marriage brings two seperate lives together and then cements those two lives with property and children.  Sometimes ripping a bandaid off quickly is the best thing.  Other times it is not.

Settlement or Litigation

Whether your divorce will be settled or will go to trial depends on numerous considerations.  There may be complex debt or other money issues such as using seperate property monies to aid the community.  There may be a business that needs to be divided according to community property laws but done in such a way that the business isn't harmed.  There may be issues which effect custody such as continuity, crmininal or drug charges, dui, mental health issues or moving issues.  Each of these situations require careful negotiations between your attorney and the other side.  Often times most of the issues can be resolved outside of the court room and only select issues will go to trial.


If the parties agree on the majority of the issues in the divorce case, the divorce attorneys will draft a stipulation for the parties to sign.  This is like a contract.  It lays out the terms of the agreement.  This may contain all the issues of the divorce, in which case the divorce is settled and the stipulation is attached to the order and decree for divorce.  If it only contains part of the agreement the parties will go to trial to settle whatever issues that remain unresolved.  The judge will listen to the evidence from both attorneys and decide which is the best resolution to the issues.

As with all things in the law, it is generally best to resolve the problem through negotiation.  The parties know how things work in their lives.  They know how they have always dealt with their finances.  They are the experts when it comes to their kids.  When a judge decides he or she works within the confines of the law and the law isn't always rational.  Attorneys are experts at negotiating agreements.  They have the benefit of knowing, in general, what a judge will do so if their client is insisting on something they can inform their client whether a judge would decide for them or against them.  This prevents the client from spending money on a trial when there is little possiblity of a judge finding in their favor.

If you need a Boise divorce attorney please give us a call and see what we can do for you, 208-472-2383 or visit us at

1 comment:

  1. Graeme graduated from the UNSW with Honours and has practiced as a solicitor in Sydney for over 20 years and is admitted to the High Court of Australia and the Supreme Court of NSW.Probate Lawyers Sydney