Why hasn’t my case settled?

Settlement depends on three things: having enough information to make good decisions, each side’s negotiating leverage, and the willingness of both parties to compromise.

Here are ten of the most common reasons family law cases take longer than clients expect.

1. One or Both Parties Believe Delay Helps Their Position

Many people assume that both sides benefit from resolving a case quickly. That is often true—but not always.

Sometimes delay creates leverage.

Imagine a divorce in which the only disputed asset is a $100,000 bank account. If each spouse is ultimately entitled to $50,000, settlement might appear simple. But one spouse may believe that waiting will produce a better outcome.

For example:

• One spouse may need money immediately while the other can afford to wait.
• One spouse may have greater financial resources and be better able to absorb continuing legal fees.
• One spouse may tolerate the emotional stress of litigation better than the other.
• One spouse may want to remarry or move on with life sooner than the other.

In each of these situations, delay itself becomes a bargaining tool. A party may eventually accept less than he or she believes is fair simply to end the litigation.

2. Delay Sometimes Has Financial Benefits

In divorce cases especially, remaining married can continue to create financial rights.

For example:

• Income earned before the divorce is finalized may remain community property.
• Pension benefits continue to accrue until the financial community ends.
• Temporary spousal support or expense-sharing orders may remain in effect until the divorce is final.
• Medical insurance coverage through a spouse may continue until the divorce is final.
• Some federal benefits depend on the length of the marriage. For example, eligibility for certain Social Security benefits may depend on the marriage lasting at least ten years.

When one party benefits financially from remaining married, that party may have little incentive to settle quickly.

3. Attorneys Often Need More Information Before Advising Settlement

Good settlement decisions require reliable information.

Before recommending settlement, attorneys frequently need to review:

• bank records,
• retirement accounts,
• tax returns,
• business records,
• credit card statements,
• investment accounts,
• real estate records, and
• other financial documents.

This investigation, often called ‘due diligence,’ is important because hidden assets, undisclosed debts, or unusual transactions sometimes appear only after careful review.

The amount of investigation appropriate for a case depends on what is at stake. Spending months investigating a modest checking account may not make economic sense, while the same investigation could be essential when millions of dollars or a family business are involved.

4. Experts Can Be Necessary

Many family law cases require opinions from independent experts.

These may include:

• real estate appraisers,
• business valuation experts,
• pension specialists,
• forensic accountants,
• psychologists,
• child custody evaluators, or
• other professionals.

These experts often work on their own schedules, and attorneys generally cannot force them to complete reports more quickly. Until important expert opinions are available, settlement negotiations may be premature.

5. The Parties May Not Yet Be Emotionally Ready to Settle

Family law cases involve more than legal issues.

They involve relationships, children, and deeply personal emotions.

Some people are not ready to compromise because they feel betrayed, angry, or frightened. Others want acknowledgment of emotional harm that the legal system simply cannot provide.

Those feelings are real and understandable.

Settlement usually requires both parties to focus less on the past and more on what will produce the best long-term outcome for themselves and their children. Until they are ready to do that, settlement may not be possible.

6. Settlement Negotiations Are Strategic

People often assume that if both parties want to settle, they should immediately begin negotiating.

In reality, timing matters.

If one side tries to settle too early, they are likely to be seen as desperate to settle. This can make the other side believe it has leverage to extract concessions in exchange for a quick settlement.

Similarly, if one side tries to settle a case too early, the other side might interpret this as fear that something will be discovered during litigation, and motivate the other side not to settle and instead redouble their discovery efforts.

7. Some Attorneys Are Overworked Or Overcommitted

Sandpiper Law Firm is committed to taking only as many cases as it can handle.

Not every law firm shares this commitment. Some law firms, especially high-volume firms, take every single case regardless of whether it can handle that volume. This can lead to long delays as everyone waits for an attorney to spend enough time focusing on the case long enough in order to be able to make, or accept, a settlement offer.

8. Family Law Attorneys Are Paid By the Hour

It is an embarrassing but true fact that cases in which attorneys are paid a percentage of the judgment settle much sooner than cases in which attorneys are paid by the hour. For instance, in personal injury cases, where the plaintiff’s attorney is often paid a percentage (usually 25%-33%) of the judgment, cases are usually settled in a few weeks to a few months. This contrasts with family law cases, which usually take around a year to settle.

Sandpiper Law Firm is committed to putting its client’s needs first. This includes a commitment not to drag out cases unnecessarily just to earn higher fees.

9. Parties Can Take a Long Time to Provide Documents.

Although most people start their cases with vigor and energy, after a few months the case often becomes an emotional burden that they would rather not face. Many people eventually find they would like to do something else, or anything else, with their time.

But unfortunately, family law litigation often requires lots of documents, and the time it takes to round up the documents becomes incredibly tedious and burdensome. It is not uncommon for people to spend weeks or months getting together the necessary documents.

10. Some Attorneys Lack the Experience or Expertise to Recognize a Reasonable Settlement Offer.

Many attorneys do not have the necessary experience or expertise to recognize an offer as reasonable. Some of these are simply new attorneys, while others rarely practice family law.

On more than one occasion, in order to save his client the cost of going to trial, Mr. Spradling has had to teach opposing counsel about family law so that a case could settle.

What Can You Do If Your Case Seems Stalled?

If you are frustrated that your case has not settled, consider asking your attorney:

• What information are we still waiting for?
• What is preventing settlement right now?
• What would need to happen before the other side is likely to settle?
• Is there anything I can do to move the case forward?

Often, those answers reveal that the delay has less to do with your attorney than with the normal realities of family law litigation.

How Sandpiper Law Firm Approaches Settlement

At Sandpiper Law Firm, we believe clients deserve both honest advice and efficient representation. We investigate the facts carefully, but we also recognize that litigation costs money, consumes emotional energy, and delays the ability to move forward with life.

Our goal is not simply to settle every case as quickly as possible. Our goal is to help clients reach the right settlement—one that protects their interests without unnecessary delay or expense whenever that result can be achieved.