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Decades Of Litigation Experience

Why Settling Is Often Better Than Going To Trial

| Mar 31, 2021 | Civil Litigation |

By Matt Cavallo, Esq.

Divorce litigants, especially if they have bad feelings for their spouse, may want to litigate issues extensively and have a judge decide their case. While there are cases when doing so may be worth it, it usually is not advisable. Preparing for a trial is a burdensome process that your lawyer will undertake, and this work will greatly increase your legal fees.

Preparing to make reasonable concessions with your spouse so that the matter can be settled amicably is an advisable strategy. However, there will be times when going to trial on certain issues may be worth the cost, but this must be a decision that is made carefully.

It is important to understand that legal work is time-consuming and costly. Adding a trial to your divorce action is something to try to avoid – and most divorce litigants manage to avoid it. If a trial must be conducted, you may be ultimately presented with a legal bill that you cannot afford.

The vast majority of civil cases, even beyond matrimonial cases, are settled before a trial. There are good reasons for that. Going to trial presents a considerable risk that all the work your legal team performed will be negated by a verdict that is unfavorable for you. If the decision is worth appealing, this will further prolong the process and present you with additional legal fees.