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Do I Have to Take My Family Law Case to Trial? | Boise Family Lawer

Every divorce, family, and child custody case is unique in its own way. That being said, each case its own issues that it has to work through whether it be one of the parents want to move out of state or even the county over, whether there is domestic violence, whether the parties are up to their necks in debt, one of the parents has been absent for several years and now wants to be part of the children’s lives, etc. You see, there are a multitude of scenarios that can come up. However, we have been doing this a long time and seen almost every scenario. I can’t say every scenario because some new issue is always coming up.

In any event, in every case, the parties always have a choice to settle the case at any point in the proceeding. This includes after the trial has completed and the court is reviewing the evidence and in the process of making its determination. When I say settle, I also mean that you and the other person can settle portions of the case as well and if there are only a few other small issues left, those smaller issues can be the only things for the court to decide.

And when I say small, I do not mean to downplay the severity of the remaining issues either. Those issues could be the child custody portion, but you have resolved the income for child custody purposes, or it could be whether one of the spouses is entitled to spousal maintenance or a larger percentage of the community property. Or, it could be what time should the drop offs be on Sunday evening when you and the other parent are exchanging custody. It can be relatively small in the grand scheme of the case, or it could be huge. The point being, you can settle portions of your case and only have the court determine some of the other issues.

All that being said, you have to keep in mind and continually ask yourself, what do I really want out of this case What is my end goal?

If you want to get divorced as soon as possible, then maybe compromising on a few of the issues is not such a bad idea to get the deal done. But, you must also look at the big picture. In some instances, people are in such a big hurry to get divorce, are not willing to see the case through, choose to just give up, and sacrifice their portion of the community property or the time with their kids that they really want and deserve. We are here for you during the process and if we see those issues and sacrifices in your case, we will tell you. We are here to be your trusted advisors. We are attorneys and counselors at law. So, if we don’t think you are making a good decision, we will tell you.

But, again, if you choose to hire us for your case, we understand it is your case and your life, so we will follow your wishes after we have given you our advice.

All the above being said, you do not have to take your case all the way to trial to get your divorce, guardianship, or child custody case finalized through the court system. You can negotiate all the terms of the case through each other, your attorneys, or by hiring a skilled mediator to help you through the process. If you need help with any of that, please do not hesitate to contact us today.

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