When facing family law proceedings in Texas, such as divorce or child custody disputes, deciding whether to settle out of court or proceed to trial is one of the most critical decisions you will make. Both options have their pros and cons, but settling is often safer and more predictable for most cases. However, there are situations where trial becomes necessary despite its risks.
Why Settling Out of Court is Safer
Settling out of court offers several advantages, particularly in family law cases:
- Control Over the Outcome: When you settle, you and the opposing party negotiate terms that work for both sides. This ensures that you retain control over decisions affecting your future, such as child custody arrangements or property division. By contrast, going to trial means leaving these decisions entirely in the hands of a judge who may not rule in your favor.
- Predictability: Settlements allow both parties to agree on specific terms, avoiding the uncertainty of how a judge might interpret evidence or apply Texas law. Judges are bound by legal formulas and will have their own subjective biases, and they may not consider nuanced factors that are important to you.
- Confidentiality: Court proceedings become part of the public record, which can be accessed by the public and could expose sensitive details about your personal life. Settling privately keeps these matters completely confidential.
- Cost and Time Efficiency: Trials are expensive and time-consuming due to attorney fees, expert witnesses, and court expenses. Settling out of court avoids these additional costs and resolves disputes faster, allowing families to move forward sooner.
- Reduced Emotional Stress: Family trials can be emotionally draining for all parties involved, including children. Settlements minimize prolonged conflict and allow for a smoother transition into post-divorce life.
When Trial Becomes Necessary
Despite the benefits of settling, not all cases can be resolved outside of court. Some disputes require judicial intervention:
- Significant Disagreements: If parties cannot agree on major issues like child custody or property division during negotiations or mediation, a trial may be unavoidable. In Texas family courts, judges consider evidence and arguments to make legally binding decisions when settlements fail.
- Complex or High-Stakes Cases: Cases involving allegations of abuse, criminal records, or substance use often require judicial scrutiny to determine what is in the best interest of the children involved. These situations often leave little room for compromise based on the mental state of the parties involved.
- Uncooperative Parties: High emotions often preclude a party from settling. If one party refuses to negotiate in good faith or continually delays proceedings, going to trial may be the only way to achieve resolution.
Risks of Going to Trial
While trials can resolve contentious issues, they come with significant risks:
- Loss of Control: A judge’s decision is final and may not align with your preferences or expectations. For example, child custody rulings in Texas prioritize the “best interests of the child,” which might not reflect your ideal parenting plan.
- Subjective Bias: The judge is human, just like me and you. Thus, going to trial can be risky due to the potential for judicial bias, which may undermine the fairness of the proceedings. Judges, despite their oath of impartiality, are human and susceptible to implicit biases shaped by their experiences and identities.
- Judge Assignment: Another significant risk is that you cannot control which judge is assigned to your case. Different judges may have different interpretations of the law or varying levels of experience with cases similar to yours. This lack of control over the judge can influence the outcome of your trial, as some judges may be more favorable to your arguments than others.
- Higher Costs: Trials incur substantial legal fees and other expenses that can strain financial resources.
- Emotional Toll: Prolonged litigation can exacerbate stress for both parents and children. The adversarial nature of trials can intensify conflict rather than resolving it amicably.
Conclusion
In Texas family court cases, settling out of court is generally safer because it offers more control over outcomes, saves time and money, and reduces emotional stress. However, trial becomes necessary when parties cannot reach an agreement or when complex disputes require judicial intervention. While trials provide resolution in high-stakes situations, they come with risks such as unpredictability and higher costs.
Ultimately, whether you settle or go to trial depends on the specifics of your case. Consulting an experienced family law attorney can help you weigh your options and navigate this challenging process with legal expertise and guidance. The attorneys at Grinke Stewart Law are here to help you! Give us a call at (469) 598-2001.
