A majority of the respondents to a recent poll of American Academy of Matrimonial Lawyer (AAML) members cited an increase in divorce cases being settled before trial. 58% of the attorneys said that they have seen more cases being resolved without trial during the past five years.
A growing number of couples are having more success negotiating settlements with the assistance of their lawyers," said Gaetano "Guy" Ferro, president of the American Academyof Matrimonial Lawyers. "Negotiated settlement gives the spouses more input into their divorce judgment than does letting a judge decide the issues. It affords the opportunity for more creative resolutions which can minimize adverse tax consequences. Settlement is almost always less stressful for the spouses than trial and, where there are children, makes it more likely that the parties will be able to effectively co-parent."
The number of attorneys who noted an increase in the number of divorces being resolved without a trial during the past five years was significantly greater than those who felt there were fewer negotiated settlements taking place. Only 12% of the respondents reported fewer cases being settled before trial.