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How Much Compromise is Reasonable in a Minnesota Divorce or Minnesota Child Custody Case?
Judges, evaluators, and guardians will often pontificate about the virtue of compromise and settlement, as if this were the ultimate objective of any reasonable person, rather than as a means to an end. They speak as if both parties are equally to blame for a failure to settle, when in fact such failure is often the result of only one of the parties, who is being excessively greedy, obnoxious, stubborn, or selfish.
It is important to settle cases amicably and cooperatively whenever possible, but this should not have to be at the expense of fairness for you and your children. With respect to child custody and parenting time issues, it doesn’t make sense to agree to a proposal that is worse than the worst reasonably likely outcome that the Court would order.
With respect to financial issues, this same rule applies, as modified by the additional consideration of attorney’s fees. For example, it might be very likely that the court would award you $10,000 more in assets than your spouse is proposing, but if it will cost you $20,000 in attorney’s fees to litigate over it, it doesn’t make much sense from a purely practical, financial standpoint to do so.