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Is it better to settle or should I go to court?

Settling is a word that we do not immediately connect to positive things. We look for better jobs or struggle to find a soul-mate because we do not want to settle. And while that is perfectly fine in other areas in life, it might not be applicable to your divorce.

I’d like to take some time to clear out that every single case is different and that there are some in which mediation is not possible and could even be dangerous. Cases in which going to court is the best option.

As Ksfamily law points out:

Sometimes the relationship between people becomes so broken that they are unable to reconcile on anything. Whether it’s because of disputes over high-value property or simply because the divorcing parties find compromise impossible, it can become necessary to get a courtroom and a judge involved.

There seems to be a common misconception going around when people want to go to court on their divorce: that is, that a judge will be fair to you and that she or he will listen to your grievances. Right off the bat, it’s necessary to clarify that judges handle a lot of cases and do not have time to get to know both parties. However, with the court’s calendar, that might not always be the case, or bring you the outcome you’d like.

I would say, if mediation is at hand and both parties are willing enough to go through the process, settling might be beneficial for both spouses. Here’s why:

Benefits of settling on your divorce

  1. You’ll get a much faster process

Forbes points out that if you decide to go to court:

Your trial will be scheduled according to the court’s calendar, which may mean months of waiting. You’re likely to spend more time with your attorney, too, preparing for each trial appearance day. Then there are the appearances themselves, for which you will likely have to take time off of work.

Going through mediation will allow you to finalize the process a lot sooner.

It’s important to know, that if both sides are unwilling to compromise, animosities are a bit high and negotiations become fruitless, indeed preparing for court and having a trial might be a lot faster.

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2. It will be cheaper:

You normally pay for the time you and your lawyer spend preparing for court. You will also need to pay for having time and space in court. In a trial setting, lawyer fees, court costs, and other expenses can add up very quickly. The cost for executing a settlement agreement before trial is generally much lower.

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3. There will be less stress for everyone involved

Being on and preparing for trial can be stressful. Even more, if you have kids. You’ll need to sort out your work-life balance with preparing for court and getting your lawyer every bit of information he or she might need, etc.

If you can settle with your spouse for an arrangement that benefits both or can make some compromises, you will be a lot less stressed in the process.

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It’s always important to contemplate that not all divorces can be settled and that you will probably need a good team to help you determine this. If you’re located in Alabama, we can help you.


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Charlotte Christian did an outstanding job handling my complicated divorce. I could not of asked for a better outcome. Knowledgable and professional attorney providing exceptional service.