The majority of divorce cases settle through resolution without heading to trial. There are many benefits to settling your case, including giving yourself more control over the outcome and protecting your private matters from being broadcasted in open court. But negotiating resolution can be tough, especially if you and your spouse can’t see eye-to-eye and work together to find mutually acceptable resolution. That said, it can be hard to know when it’s time to walk away from settlement discussions and take your issues to court.
It’s an important consideration. After all, if you really want to avoid litigation and are willing to fight tooth and nail to secure a settlement, then you could put yourself at unnecessary risk of a poor outcome. You could give up more of the marital estate than needed or you could lose out on spousal support and much deserved time with your children. So, as you navigate your divorce, think carefully about when it’s time to walk away from the negotiating table and take your chances in court.
How do you know when it’s time to take your divorce legal issues to court?
While you’ll have to deal with some discomfort while attempting to negotiate divorce settlement, you can’t be so committed to the process that it becomes disadvantageous to your future. Here are some circumstances that may warrant walking away from settlement discussion:
- You’re being bullied: Part of the benefit of settlement negotiations is that you can have some control over the outcome. But if your spouse continues to push you around and insists on resolution that puts you in a difficult position without compromise, then you should consider calling off negotiations and prepare for trial.
- You have strong arguments to secure more than what’s being offered: Even if your spouse is trying to be accommodating, they might be offering you less than you could otherwise obtain in court. For example, your spouse might offer to pay you a certain amount in spousal support, but based on their income and the sacrifices you made during your marriage you may feel confident that the court will award much more. If your spouse doesn’t agree with you in those types of situations, then it’s time to walk away and advocate for what you deserve in front of a judge.
- You can use the threat of trial as leverage: If there’s sensitive information about your marriage or your spouse’s life that your spouse wants to keep private, then walking away from negotiations to go to trial can be a point of leverage that you can use to hopefully secure a more favorable resolution. If your spouse doesn’t agree to terms that are more beneficial to you at that point, then you’ll be in a strong position to advocate for your position at trial.
There may be other circumstances that warrant walking away from negotiations and taking your case to trial. Make sure you identify what would be enough for you to do so, that way you’re prepared with hard boundaries as you enter negotiations.
There are a lot of strategic maneuvers to consider as you proceed through your marriage dissolution. Although that can feel overwhelming at times, it’s imperative that you know how to develop a legal strategy that positions you for the successful outcome that you want and deserve.