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How to decide whether to go to litigation in a divorce

On Behalf of | Mar 5, 2020 | Divorce, Family Law |

People in Hardin County who are trying to negotiate a divorce agreement may come to a point where they simply cannot agree on property division or child custody. At this stage, they might need to decide whether to settle on a less-than-satisfactory note or proceed to litigation. There are advantages and disadvantages to both approaches.

Litigation can be stressful and costly in time and money. People may be required to drop everything in the middle of work or family time to get information to their attorney, and court dates are usually set months in advance. The stress can worsen the relationship between spouses, damaging a future co-parenting relationship, and can take its toll on children as well. Costs can mount into five figures and upwards.

Despite these drawbacks, there are situations in which going to litigation can be worthwhile. If a person has a strong case and cannot get the desired outcome through negotiation, whether that is a larger share of property or a different child custody arrangement, litigation might be the best option. An attorney may help a person assess the pros and cons of agreeing to a settlement or going to court based on the individual’s situation. However, people should not go to court simply for the satisfaction of airing frustration about a spouse.

An attorney may also explain a person’s rights to give the person a better sense of what to expect in either litigation or negotiation. Under Kentucky law, property is supposed to be divided equitably, but this can be interpreted broadly. In child custody cases, a judge attempts to make a decision that is in the best interest of the child. An attorney may provide advice regarding how to prepare for a custody hearing and what to do if the parent is concerned about the child’s safety.