Did you know that approximately 95% of all divorce cases settle, while only the remaining 5% go to trial? While these numbers may seem odd for a type of legal action which is so emotional and where the stakes are often so high, the numbers are indeed accurate. One major reason why the rate of settlement for divorces is as high as it is, is that many divorcing couples are able to agree (even if they cannot agree on anything else) that each of them will be better off if they design their own divorce settlement than if they let the court decide it for them.
If you think about it, it makes so much sense. You and your soon to be former spouse know what property and assets you have, and which items are most important to each of you. You also know better than anyone else what kind of schedule will work for your family, and which things each of you consider to be most important for your children. A marital settlement agreement that the two of you arrive at through negotiation will reflect your knowledge about what is important to both of you, and what will work for each of you much better than a divorce order which is created by the court.
Of course, if you and your soon to be former spouse have been arguing a lot lately and you have been experiencing difficulties in interacting with each other, you may wonder how the two of you could ever hope to settle your divorce. Despite the fact that many divorcing couples find themselves in a state of affairs similar to yours, the settlement rate is still what it is. Couples who can barely talk to each other for five minutes without fighting are often able to work through their disagreements and create a marital settlement agreement after each of them has retained an attorney.
Our West Palm Beach divorce law firm helps its clients work around their communication difficulties and create marital settlement agreements. Contrary to what you may believe, introducing attorneys into a situation which is already adversarial often makes things better instead of worse. In a divorce, the attorneys act as filters, or buffers, between the divorcing parties. They work with their clients to draft settlement offers to propose to the other party, and they explain settlement offers which are proposed by the other party to their client. They also help each client to understand the benefits and drawbacks of the proposed agreements, in light of what the client is hoping to accomplish through their divorce.
When a divorcing couple is able to settle their divorce instead of going to trial, their case is completed sooner. Assets and debts get divided sooner, parenting plans become finalized sooner, and everyone begins to move forward again. This is a stark contrast to the situation in which the parties feel like they are being held back from starting their new lives as they await their trial date. Also, once a divorce trial is over, the parties must then figure out how to make do with whatever outcome the court decided for them.
If you would like to learn more about your legal options regarding your Florida divorce or any other important family law matter, please contact the Law Offices of James S. Cunha, P.A. at 561-429-3924, or via email [email protected]. We serve family law clients who are located throughout the West Palm Beach, Boca Raton, Wellington, Jupiter, Palm Beach County, Broward County, and Martin County areas.