Divorce is considered a bad omen perhaps because of the settlement disputes and child custody issues. The foremost thing should be to avoid reaching a point where divorce becomes inevitable. Divorce should be the last option in a relationship. It has a very bad impact on the minds of the children as well as both partners. But there are times when both partners can’t go along anymore. Even if they keep in view the legal disputes they had to face when it comes to settlement, they cannot avoid it. And the option is sometimes a good one to choose. Everyone deserves a peaceful and happy life. if a relationship is not working well, they should move on and try something else.
The problem starts after the divorce. A divorce settlement is no less than a settlement of any other dispute. Both parties have to compromise on certain things. It is highly unlikely that you get all what you want. A settlement is favored because the cost of a trial is way high. Cost of litigation and other expenditures are much more higher. For example, if you have to reach a settlement for a kitchen range, none of the partners will like to take the matter to a trial before the jury. This is not the only trigger behind settlements. It is feared that the court will rule against a litigant on some other important issues. For example, if a parent goes to a trial, the court can give verdict against him or her in an important case such as child custody.
There are other issues to be settled. If the partners had taken debt, paying debt is an issue. For example who pays the debt and how it will be paid. It is an advantage if you include all these issues in a settlement. It saves you the pain you have to endure during a trial. Selling the marital home is also an important settlement. You have to reach an agreement who will remain in the house before and during the listing process. Who will pay the bills? The settlement can give you an opportunity of flexible terms. A father can allow his partner to live in the house with her son. They can reach an agreement that the house, which has a price tag of $200,000 at the moment, can be sold five years later when its price doubles. The surplus money can be used for schooling of the children. From this point of view a settlement is very much advantageous. But if the same house’s price depreciates, there can be a problem. The court cannot mediate in the settlement agreement. The changed circumstances cannot be taken into consideration to modify the agreement.
That’s why a settlement agreement should be properly drafted right from the start. You cannot do it on your own. The task can be frustrating. You have to keep in view all the possible outcomes. It cannot be modified later if any of the terms get unfavorable for you. Hence the need for an expert attorney. Petroske Law firm has the most experienced lawyers when it comes to family and divorce law. They pay individual attention to each case and help you reach a settlement that has long term benefits for you.