Why should you try to settle your divorce? Rated Top Divorce Attorneys In NYC Weigh In.
Why should you try to settle your divorce? Rated top divorce attorneys in NYC weight in.
There is a common misconception that all divorces must go to court, and that, once in court, the only thing to do is argue in front of the judge and hope he or she decides in your favor. What most people don’t know is that the parties in a divorce have the power to settle the case at any stage in the process. From before any papers are filed to mid-trial, the parties can sign an agreement and bring their divorce to a close. As one of the top divorce attorneys in NYC, I recommend to try settlement first.
The benefits of settling a divorce over going (or continuing) before a judge are numerous. The first, and I would argue most important, benefit is that the parties have the power to decide how to resolve each issue. Every divorcing couple is different, and has different needs. Top divorce attorneys in NYC will tell you that it can be stressful going to court and hoping a judge will understand and grant your wishes – through settlement a party has more power and opportunity to make their wishes known, and to bargain in order to make sure they come true. Another major benefit is cost. Hiring an attorney to represent you in court can be very expensive, especially if the case goes to trial – all the hours the attorney spends preparing, all the hours spent drafting documents and filing them with the court, all the time spent in the court room. If the parties settle, many of these costs can be avoided. A quick settlement might only cost the time it took to negotiate, draft papers, and file them.
Other benefits are that the process of negotiation, if all parties are operating in good faith, can be light years faster than going through the court system. A negotiation done by one of the top divorce attorneys in NYC might conclude in a week, whereas it could take over a month just to get the first court appearance date, and several years to bring the case to a close. Also, settlement is often less stressful for children – because it is faster, and because it is often less acrimonious – and the parties can spend more time making sure that, post divorce, the specific needs of their children will be met.
Of course, many top divorce attorneys in NYC will say that there are times when settlement is not a smart move. A court can issue official orders guaranteeing payment, ensuring that one spouse does not use up all of the parties money wastefully, appointing neutral appraisers and outside experts when the parties cannot agree. Not every couple is able to communicate with each other– even with the assistance skilled lawyers. For such couples, going to court remains a good option.