Most divorce, custody, and modification cases in Nebraska and Iowa resolve through settlement rather than going to trial. Still, choosing between these two paths can shape not only the outcome of your case, but also how much control, time, and expense are involved along the way.
In short, settlement keeps decision making with the parties, while trial places those decisions with a judge.
Settlement vs. Trial: What Is the Difference?
One way to understand settlement versus trial is to think about where control rests. With settlement, a client decides what she is willing to agree to and plays an active role in shaping the resolution. With trial, control shifts into the courtroom. The focus turns to preparation, exhibits, witnesses, and testimony, and while the strongest case possible is presented, the judge ultimately decides the issues.
Settlement: More Control, Lower Cost, Faster Resolution
Settlement is often faster and less expensive than going to trial. Because the parties are crafting their own agreement, they may reach solutions that do not strictly follow existing case law. This flexibility can be appealing, particularly for those who want a greater say in how their case resolves.
At the same time, settlement can sometimes feel one sided. The stress and emotional weight of a legal proceeding can place pressure on someone to agree to terms simply to bring the process to an end, even if those terms are not what she truly wants.
Trial: When a Judge Makes the Decision
Trial can take pressure off a client when decision making becomes overwhelming, especially if the other party is applying significant pressure to settle. In those situations, placing the decision in the hands of a judge can feel like relief.
At trial, judges apply statutes and case law to the specific facts presented. Because court calendars are often full, trials typically take much longer to schedule, and it is not unusual for a trial date to be set several months out.
Trials are also significantly more expensive due to the preparation required, the length of the hearing, which may span multiple days, and any post-trial work the court may require.
Hybrid Cases: When Some Issues Settle and Others Go to Trial
There are also hybrid situations where parties agree on most issues and ask the judge to decide only the remaining points of dispute. Judges generally prefer this approach, and it is not uncommon for a trial to focus on just one or two issues, such as retirement or child support.
Choosing the Right Path for Your Case
While the legal framework differs somewhat between Nebraska and Iowa, the core differences between settlement and trial are similar in both states. The important thing to know is that you have options.
Understanding the pros and cons of settlement versus trial, and how each path aligns with your goals and circumstances, is an important conversation to have with your attorney. Every case is different, and the right path depends on what matters most to you.
Frequently Asked Questions About Settlement & Trial
Is settlement always cheaper than trial?
Settlement is often less expensive because it typically resolves sooner and requires less preparation than trial. However, cost can vary depending on the complexity of the issues and how quickly an agreement is reached.
How long does it take to get a trial date?
Trial scheduling depends on the court’s calendar. In many cases, trial dates are set several months out, which can significantly extend the overall timeline of a case.
Can some issues be settled while others go to trial?
Yes. Many cases resolve most issues through agreement and ask the judge to decide only the remaining disputes, such as child support or the division of retirement accounts.
How do I decide whether to settle or go to trial?
The right path depends on your goals, the level of conflict, the issues that remain unresolved, and practical considerations such as cost and timing. An attorney can help you evaluate these factors based on your specific circumstances.
About the Author
Ashley Palma is an Associate Attorney at McGill Law. She focuses on helping individuals and families protect their rights through thoughtful legal planning and representation. Ashley works with clients across Nebraska on matters including name changes, estate planning, and family law. Her compassionate, inclusive approach helps clients feel seen, heard, and protected.