CAN THE PARTIES SETTLED THE ISSUES WITHOUT HAVING TO GO THROUGH A TRIAL?
The vast majority of cases settle before the trial is conducted. Settlement often is good for the family and may result in a substantial savings of financial resources.
Settlement, however, requires both parties to be reasonable. Each party must take a realistic view of the evidence and decide to take control of their lives by deciding for themselves how to resolve the important issues that they face. Instead of leaving their fate in the hands of a judge, and instead of paying lawyers thousands of dollars to fight it out in court, the parties try to reach a middle ground.
You nevertheless must keep in mind that terms of the settlement agreement may have a long-lasting impact on your life. It is essential to understand the long-term implications of each term of the settlement agreement before it is signed and approved by the court. It takes an experienced lawyer to inform you of the potential pitfalls in the agreement.
Another option is to consider settling some of the issues, but not all of them. Sometimes there is an issue upon which the party simply cannot come to an agreement, e.g., the amount or duration of spousal maintenance. But if they can resolve the other issues by agreement, the trial may be limited to only the few unresolved issues. This may reduce the amount of attorney’s fees substantially. It also may speed up the process greatly.
Our office has years of experience in drafting, reviewing and litigating settlement agreements. We will take the time to ensure you understand settlement proposals and what they may mean to your future.
R D SMITH LAW, Roger D. Smith, attorney, is ready, willing and experienced to guide you through the YOUR personal, family law process.
Contact our office at 480-443-7600 to arrange your personal consultation.