We are often approached by clients who want a “bulldog” lawyer for their divorce case. These clients have the mistaken impression that the only approach to a divorce is a “scorched earth” approach. Sometimes, an aggressive approach is best but, more often, it is to the mutual benefit of all parties involved (especially the children) to work towards a mutually agreeable settlement. As we tell our clients, anyone can take a case to trial. All you have to do is file a complaint and wait. The Court will assign a trial date. The attorneys go to court and present their clients’ respective sides of the case and the Judge decides the outcome.
Regardless of the outcome of a trial, it is almost certain the parties’ relationship will be irretrievably damaged. More often than not, this results in a situation where the parties take one another back to court repeatedly over post-divorce issues that rational adults should be able to resolve amongst themselves. In cases where children are involved, this can cause unnecessary long-term trauma.
With issues such as property division, child custody and support, alimony and retirement at stake, why would anyone give up their decision making authority to a judge unnecessarily when they could control the outcome of the settlement? When representing our clients in a divorce or post-divorce matter, we explore all options. More often than not, the parties are able to reach a mutually agreeable resolution through settlement negotiations or mediation. The results for our clients are better control of the outcome of the case, a higher level of satisfaction after the divorce and less chance of having to return to court over post-divorce issues.
Unfortunately, sometimes settlement is not possible. In those cases trial is necessary but, when selecting an attorney for a divorce or post-divorce matter, you should choose an attorney who will consider all options. At Shane A. Taylor, P.C., we explore every option to resolve our clients’ cases in the way most favorable to them.