Mary Kay Kramer, P.C. Attorney at Law
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How to decide whether to settle or proceed to litigation

When people in Colorado are going through a divorce, they might hope to reach an agreement without going to litigation. However, there may be a point at which negotiations have stalled, and a person could wonder whether the best course of action is to settle or go to litigation. There are a few factors to take into account.

Litigation can be time-consuming. The court date may be months in the future, and there could be a lot of preparation to do. However, if it looks as though further negotiation will be futile and simply add extra time to a process that will end up in litigation anyway, it may be best to proceed to court sooner rather than later. Cost is another factor with litigation climbing into five or even six figures. If the dispute is over property, going to litigation may not be worthwhile if those assets will be spent anyway.

Litigation is stressful, and people may have to drop what they are doing more than once to immediately provide information to an attorney. It can be hard on children as well. However, a person with an unyielding spouse who has a good case might still choose to proceed to litigation. It can be an opportunity to get a more favorable outcome than would be possible in negotiation.

An attorney may be helpful in explaining a person's rights in divorce and what they are entitled to under state law. An attorney might also assist an individual in considering the options and the likelihood of various outcomes in negotiation or litigation. There may be situations in which negotiation is not possible, such as if one person is hiding assets or if a parent is worried about the child's safety with the other parent.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
Phone: 719-475-9994
Fax: 719-447-9732
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