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Divorce/ Child Custody (Settlement vs. Litigation)

Posted by Bradley V. Sneed | Jul 22, 2026 | 0 Comments

When you are entrenched in a contentious divorce or child custody case, it is common to hear the parties exchange the pleasantry: "See you in Court!" 

While the Court is always available to decide how to resolve your differences, Sneed Law strongly advocates for getting divorce and child custody matters resolved short of an expensive, divisive, and emotionally-draining trial.  If you can set aside your emotions (nearly impossible) and negotiate a settlement with (oftentimes) the person you think you despise most in the world, you will save money, save time, take all of the risk away, and begin to sleep normally again. 

You and your "co-parent" (I know you hate him/her) get to decide what arrangement works best for you and your children, you can tailor a schedule that is best for your child/children, and the possible iterations are only limited by your creativity (so long as it is defensibly in the best interest of the child). Resolving your case through direct negotiation, mediation, or judicial settlement conference is undeniably faster...and faster means less money spent on lawyers.

Also, because you and the demon you used to call your spouse have reached a settlement by mutual agreement, you will have established a foundation of communication and cooperation that will only be useful for future co-parenting, i.e., if you and Maleficent agreed on the terms of your own volition, its much more likely that both of you will follow the terms willingly.

Lastly, by reaching a settlement, both you and the biggest mistake of your life will be avoiding all of the uncertainty of trying your case to a Judge, who despite his/her best effort may not know enough about your lives and your children to implement a custody schedule that is actually workable. 

If you cannot agree and a trial is required, a judge—who does not know your family—will make the final determination based on state laws and evidence presented in court. The litigation process is highly structured and can take months to years, involving extensive discovery, hearings, and trial preparation. This process requires you and Cruella de Vil to give all your money to your lawyers and hope for the best. 
 
By its very nature, presenting the evidence necessary to "win" the case at trial will intensify hostility between you and "the roommate you never really liked"...right before you and Voldemort have to co-parent for potentially the next 17 years.    
 
In the end, you may be left with a Judgment containing terms that neither of you could see coming.  Strict enforceable terms that do not fit either of your lives.  A Judgment you had no part in crafting, which works for no one.  
 
So, "See You in Court??" 
 

About the Author

Bradley V. Sneed
Bradley V. Sneed

Brad represents clients in family law (divorce, child custody/support modifications, guardianships), employment disputes (employers and employees), construction disputes, and insurance coverage dispute litigation.  If you find yourself faced with the need for legal guidance in any of these fields, contact Brad so he can take all steps necessary to protect you.

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