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To Agree or Disagree? That Is The Question

Divorcing parties are faced with the often difficult decision of whether to agree or not agree.  This may be with respect to one issue or a multitude of issues.  The most difficult issues facing divorcing litigants are: how to divide assets, how to divide debt, should it be joint or sole custody, what is the parenting time, how much child support and how much, if any, spousal support. Of these issues, the two primary are custody/parenting and spousal support:

  1. Child custody and parenting time is a major consideration to nearly all divorcing parents.  A party-litigant may not want to concede child custody or parenting time because of issues with the other parent.  Those issues may include: abuse, anger, alcohol or drug use/abuse or simple lack of interest in parenting.  Proving one of those issues may be more difficult than knowing.  
  2. Spousal Support is the other major issue of contention in a divorce.  This is primarily because there is no formula for determining spousal support.  Unlike child support (where there actually is a formula), spousal support is based on a number of factors.  While the primary factors are amount of incomes, relative and reasonable expenses, and length of marriage there are still some judges who will consider fault and other issues when determining amount of spousal support which is awarded.

Whether to settle and agree on issues or take the case to trial can be based on many factors.  The primary factors you should consider are: 

  1. What are the most likely, best and worst case scenerios?
  2. What is the Judge's track record on this issue?
  3. Can I live with the worst case scenerio?
  4. Can I accept the settle/agreed upon resolution?  Without regret?
  5. What is the cost/benefit of litigation v. resolution?

These decisions are why it is essential that you completely trust your attorney and their ability to predict the likely outcome should the case proceed to litigation.  Speak to as many lawyers to find and hire an attorney you trust.  For a consultation about divorce law in Northern Kentucky, call Michael Bouldin and schedule an appointment.  Email at [email protected] or call at 859-581-6453.

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