I just finished a trial last week and I had hoped going into the case I could help my client settle all of the issues in his divorce and custody case.
Two of the issues had to do with decision making also known as custody and parenting time of the parties’ son.
There also some financial issues and child support. Going into the case it seemed like my client was going to be pretty flexible but as time went on his thinking went to an all or nothing mindset. What that looked like is he refused to consider any settlement offer that any part of it contained wasn’t what was in line with his thinking.
The other party submitted several offers which were pretty good. And my client did have some valid issues regarding decision making and parenting time. But if there was one term that he didn’t agree with he said no to everything.
What ended up happening is we went to trial on all of the issues and he did win on some of the minor issues but on the major issues he did not. Not settling is a risk people decide to take but they must always remember that they are taking a risk when they go to trial.