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Austin, TX family law attorney Bill Powers explains when it makes sense to take a family law case to trial. He remarks that he weighs the potential outcome and the probable outcome in court against the settlement offers that can be achieved through negotiation. If he can guide negotiations toward a settlement that falls within the range of probable outcomes at trial, he considers that a good opportunity to resolve the case.
If the other side is not reasonable, he evaluates the cost-benefit ratio of going to trial. It doesn’t make sense, he explains, to spend tens of thousands of dollars fighting over a relatively small amount. This calculation includes the financial cost, the time and effort involved, and the emotional trauma of going through a trial.
At the same time, he acknowledges that some cases simply have to be tried. For example, if one party wants to move a child across the country, settlement can be very difficult, making trial the likely or only way to resolve the dispute.
