Is the Juice Worth the Squeeze? - Picking and Choosing Your Battles in A Family Law Case


In a family law case it is always important to try and focus on your larger long term goals. By doing so you will achieve more favorable results in the long run, and avoid unnecessary skirmishes along the way.  You will also avoid more conflict with the opposing party.  This will not only save you attorney fees, but may result in a higher likelihood of settlement.

Before rushing to the courthouse you should consider how much is that battle going to cost you?

Time & Energy – How much of your own time are you going to have to invest in this battle?  How many days of work are you going to miss.  How much time are you going to spend dreading testifying in court?  How many hours of sleep are you going to lose over this battle?  There is an opportunity cost in every choice you make, and if you are fighting this battle it is going to take away from other things.  If the opportunity cost is high you should consider whether the battle is actually worth fighting.

Likelihood of Success – What is your actual likelihood of success in picking the battle?  Try and give yourself odds to help make a logical decision.  If you attorney thinks you have a strong likelihood of success then this may be the battle for you as long as it ties into your long term goals.  If you have a 15% chance of success you may want to rethink if this is the hill you want to die on.

Financially – How much is this going to cost you?  You should think of this not just in attorney fees, but how much can it cost you if you prevail and how much can it cost you if you lose.  Are you prepared to pay the other parties’ attorney fees if you lose?  If the Judge orders the other side to pay your attorney fees what is the likelihood the other party can actually pay them?   Going to court can have significant risk and reward.  If you haven’t thought about how much this is going to cost you may win at court, but still feel like you lost for other reasons.


By: Randy W. Powers, Jr.