Anderson & Boback Logo

The Benefits of a Settlement

Categorized as Illinois Divorce

It is no secret that in Family Court, most Judges prefer that the parties settle the cases amongst themselves. They will try to engage in a settlement with the parties, through counsel, by providing guidance and recommendations at case management and pretrial conferences. Sometimes, settlement can be a difficult sell to a person who has already taken the steps towards litigation. Oftentimes, in settlement discussions, people are discouraged because they believe that if they go to trial, that they could get everything that they are asking for. While that is always possible, in my experience in family court, that is not the usual course of business.

As attorneys, we enjoy litigating matters, otherwise, we wouldn’t be in this profession and area of law. However, the client’s best interests are at the forefront, and litigation is not always the best way to go to achieve the best results for a client. There are a few reasons why settlement may be more beneficial than litigation, in some matters:

(1) There is no ability to appeal. If you go to trial in a case, if the other party doesn’t like all or part of the results, they have the ability to appeal. You then, usually, have to respond, and go through the appellate process to protect your order. This can be very cost-prohibitive in family court. If the parties agree and settle the case, there is no possibility of an appeal, because a Judge didn’t make the decision, and this helps to curb the costs.

(2) You aren’t putting major decisions in the hands of a stranger. You may want everything that you are asking for in your petition, and you may or may not get it. Judges do their best to be fair to all sides in family law cases, and there can be a lot of anxiety (rightfully so) regarding putting important issues regarding your family and finances in the hands of a complete stranger.

(3) You may not get everything you want, even at a trial. Judges try to be fair to everyone, and a lot of times they will try to “meet in the middle” on issues, even at a trial. Going to trial doesn’t mean getting everything that you want. You could also lose every issue a trial, too.

Was this information helpful?

You May Also Like

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

In Illinois, there are two main ways to go about changing your minor child’s name: by agreement, and by Court adjudication of the issue.  As with all things related to co-parenting a minor child, the easiest and least costly method…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870