Settling Your Divorce Is a Mistake: The Benefits of Going to Trial

When facing the difficult decisions involved in a divorce, one of the most pressing questions is whether to settle or to take your case to trial. Tim Blankenship of Divorce661 sheds light on this dilemma, emphasizing that the choice depends heavily on your unique situation. However, there are compelling reasons why settling might not always be the best path—especially if a trial could lead to a better outcome.

Why Settling Isn’t Always the Best Option

Many clients feel pressured to settle during divorce proceedings to avoid the time, expense, and emotional toll of a trial. While settlement can be a practical solution in some cases, it’s important not to rush into an agreement if you have a strong chance of winning at trial.

“For me, I don’t want my client to agree to a settlement if I know that they could probably win a trial.”

This perspective underscores the importance of evaluating your case carefully. Settling might sound easier, but if the judge could make a more favorable decision for you, it’s worth considering the trial route despite the challenges.

The Benefits of Going to Trial

Choosing to go to trial can offer several advantages, especially when there are significant disagreements on key issues such as asset division, custody, or support. Here are some of the primary benefits:

• Potential for a Better Outcome: A judge’s decision can sometimes be more favorable than what you might negotiate in a settlement.
• Legal Clarity: Trials provide a formal process where the facts and arguments are thoroughly examined, leading to clearer legal resolutions.
• Fairness: If negotiations have become contentious or one party is not negotiating in good faith, a trial can level the playing field.

When to Consider Settlement

Of course, not every divorce case benefits from a trial. Settlement remains a valuable option when both parties are motivated to reach a fair agreement without the unpredictability of a courtroom. It’s also often less expensive and quicker, which can reduce stress and help both parties move forward sooner.

However, the key takeaway is that settlement should never be accepted just for the sake of avoiding trial if the evidence and circumstances suggest a better result can be achieved in court.

Making the Right Decision for Your Divorce

Ultimately, the decision to settle or go to trial depends on your specific circumstances, the strength of your case, and your personal priorities. It’s essential to consult with a knowledgeable attorney who can assess your situation and advise you on the best course of action.

Remember, investing in an experienced lawyer might seem costly upfront, but it can pay off by securing a more favorable judgment from the judge than what could be negotiated in a settlement.

Conclusion

Divorce is never easy, and deciding whether to settle or proceed to trial is one of the most critical choices you will make during the process. Settling can be tempting, but as Tim Blankenship points out, it’s a mistake if it means missing out on the opportunity to win a trial and achieve a better outcome.

Carefully weigh your options, seek expert advice, and don’t be afraid to pursue the path that best protects your interests—even if that means going to trial.