Jo Benson Fogel, P.A.

LITIGATION:

There are those who say that a bad settlement is better than a good court fight.

Litigation is expensive, stressful, and rarely meets the expectation of either party seeking the intervention or assistance of the court. There are certainly times in which a court must decide issues when two people cannot agree. Often, the best method to avoid litigation is to begin preparing for it after the first consultation with an attorney. When the other side knows that you are ready to go to court if you must, settlement is encouraged because the attorney representing the other side can better assess relative success.

It is important to provide your attorney with as much information as possible as early as possible. Most clients have a wealth of information, in their own memory as well as from friends and relatives who witnessed certain important events in the marriage. In addition, even if one spouse has removed documents from the residence or office, the client can provide source information or seek duplicates from creditors or other service providers. It is equally as important for the attorney to know what documents and information is not available to the client.

When one litigates there are no guarantees. Litigation is often generated when two attorneys are giving their respective clients very different advice about the outcome of a case, or one person has an unrealistic view of the strength of one case and the perceived weaknesses of the other side's position. While clients must rely on the information they receive from attorneys, they should not throw away their common sense, or disregard their own life experiences. Any client knows more about his or her case than the attorney will ever know. The outcome of a case is also subject to the biases and prejudices of a particular judge or Domestic Relations Master.

There is substantial case law on most aspects of the divorce process. An attorney can provide you with information as to the current court rulings and trends in decisions, as well as the trends in the specific county in which you might be going to court. If you are interested in reading the cases which the court is likely to consider in your particular case, ask the attorney for a copy.

Clients who take an interest in their own case, and chose to become knowledgeable about the law and circumstances which will affect their decision making are better able to control their attorneys fees and costs. Chen can provide a great deal of assistance in preparing for litigation and becoming familiar with the process which lea, to the court's hearing the case. Throughout the litigation, it is important to read and become familiar with ti documents that are filed with the court by your attorney and the attorney for the other party as well as to set aside the time to prepare testimony and view information to be presented to the court.

SETTLEMENT AGREEMENT:

There are some who say that you can tell when you have a good settlement because no one is total pleased.

Settlement is usually a reasonable and economic approach to resolving most issues. Both sides must 1 ready willing and able to settle. Timing is often a problem if there is not pressure created by the artificial force of court date or if it is in the other side's interests to delay.

An agreement requires the consent of both parties. It requires compromise from both parties. It is importa for your attorney to know your ultimate needs and goals. While an attorney can tell you what clients in gener experience it is important to keep in mind the particular facts of your life and your life plans. It is equally importa for the client to know what options are available through settlement and what options are available throul litigation. The power and jurisdiction of the court are limited by the applicable law and case law. Parties can pla provisions in an agreement and agree to any set of terms are not illegal. As long as the parties agree and tl agreement is not unduly one-sided the Court will usually approve an agreement of the parties and make th agreement a part of its divorce judgment.

A settlement agreement is not usually a temporary document that can be changed later. You should n enter into a settlement agreement thinking that you can change the terms later. It is always advisable to wo towards a full and final settlement of all issues which require resolution. The length of time it takes to reach settlement differs in each case. If a couple makes decisions quickly then the terms of an agreement will usually 1 reached quickly but only when both parties are ready to focus on the terms. If a couple or one part of the couc makes decisions slowly then it is not likely that one side will be effective in pressuring the other to settle mo quickly. If one side sees that the other is in a hurry then an agreement may be reached but it will only be as good the parties who sign it. If one person perceives himself as having been forced to sign an unfair agreement then the is a likelihood that there will be enforcement problems in the future. When you are negotiating an agreement it important to have developed a view of what the other side's needs and goals are.

When you are negotiating a settlement agreement it is important to remember that an agreement is only as good as the two people who sign it. The agreement should contain terms that are enforceable. The agreement should contain terms that are not confusing or ambiguous. It is important to ask about and consider the consequences of each provision. While there is a lot of language in an agreement that is referred to as "boilerplate" it is important that you understand thesE standard provisions and how they impact on you. It is unlikely that either side will accept the first draft of an agreement that is presented.