Legal Question in Family Law in Illinois
My husband has been abusive with me and he filed for divorce and an order of protection against me when I stood up to him and yelled at him. I have been seeing a therapist and he is saying that I am an unfit parent even though he has been verbally abusive to my daughter. We were supposed to have a trial, but my lawyer held a pretrial conference instead and I think he wants to settle all issues in leiu of trial. Is this the best strategy? Why did he do this?
1 Answer from Attorneys
A bad settlement beats a good judgment any day. It is always better to try and resolve family issues between yourselves without going to trial then it is to throw the dice and let someone else (Judge) decide how things should be done. During a pre-trial conference, both sides have the opportunity to let the Judge know what they think the evidence will show and argue why s/he should rule in their favor. This is always the best strategy and it is in your best interests. Just think about what the worst possible settlement for you would be and realize that that could be the Judge's ruling after a long and expensive trial. Given the worst possible scenario, any agreements you can make with your ex that are favorable to you that can be made w/o going to trial are best. Your attorney is trying to act in your best interests and settling will also save you a ton of money as a trial could cost you 3-5 thousand a day for the average lawyer plus the costs of transcripts, missing work, babysitters, and an attorney for your daughter.