If you follow Hollywood divorces, you may have seen the story on MSN which reported that just one day prior to her passing from cancer, Shannen Doherty, finalized her divorce. Doherty is best known for her roles in “Beverly Hills, 90210” and “Charmed.” With the timing of her divorce settlement the day before her death, Doherty’s divorce has been in the public eye. Doherty, like most people engaged in a divorce, faced the classic divorce dilemma: To settle or go to trial?
This article will discuss the Doherty settlement and suggest ideas five steps to help you evaluate your own divorce case with ideas originally published by Forbes, in an article addressing this common divorce dilemma.
Doherty Settlement Details as per Fox News:
- Asset division: Shannen Doherty retained ownership of certain assets, such as their Malibu home, three vehicles and four bank account s and 100% of the community property interest in retirement assets for her Screen Actor’s Guild pension plan.
- Shannen’s image: Images of Doherty taken by Iswarienko are to be removed from his website, and he is “prohibited from exploiting the photographs” of Doherty.
- Support: Prior to her death, Doherty claimed that her ex-husband, Kurt Iswarienko, was prolonging their divorce in hopes that she would die before he was required to pay her. See Fox News. Both parties agreed to terminate support. For more details, visit US Magazine.
Step 1: Consider Your Priorities
- Priorities: A key step in deciding whether to settle or litigate is to determine what your divorce priorities are and to see whether a settlement can address them.
- The Doherty divorce is an interesting case study because the issue that reportedly was a main point of contention – ongoing support for Shannen Doherty – ended up being somewhat moot, considering that she died just a day after the divorce was settled.
- None of us has a crystal ball, and the Doherty case illustrates the challenges in evaluating where to give and where to take in a divorce settlement.
Step 2: Analyze the Advantages of Settling in Your Case:
- Cost-Effective: Settling outside of court can save significant legal fees and other costs associated with a lengthy trial.
- Time-Saving: Settlements are typically faster than trials, allowing both parties to move on with their lives sooner.
- Control: Couples have more control over the outcome, negotiating terms that work best for both parties rather than leaving decisions to a judge.
- Privacy: Settling keeps personal matters out of public court records, maintaining privacy for the involved parties.
Step 3: Evaluate the Disadvantages of Settling in Your Case:
- Potential for Unfairness: One party may agree to terms that are not entirely fair due to pressure or a desire to conclude the process quickly.
- Lack of Finality: If not handled properly, settlements can leave issues unresolved, leading to future disputes.
Step 4: Weigh the Advantages of Going to Trial for You:
- Legal Resolution: A judge makes decisions based on the law, which can be beneficial if one party is uncooperative or unreasonable.
- Binding Decisions: Court decisions are legally binding and enforceable, providing a clear and definitive outcome.
- Fairness: The court aims to be impartial, which can lead to a fairer distribution of assets and responsibilities.
Step 5: Forecast the Disadvantages of Going to Trial for You:
- High Costs: Trials are expensive, with costs including attorney fees, court fees, and other expenses.
- Time-Consuming: The trial process can be lengthy, often taking months or even years to reach a conclusion.
- Stressful: The adversarial nature of trials can be emotionally draining for both parties.
Making the Decision
Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation.
Contact an Experienced California Divorce Attorney
Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation. At the Law Office of David Knecht, we have extensive experience in all aspects of California family law. We focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.