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Judges rule on major contested issues in only a relatively small number of cases.
As noted earlier, probably more than 95 percent of divorce cases are not decided by the court. If the agreement is fair, approval usually is granted after a short hearing. Nonetheless, the rules of law that a judge would use to decide a contested case influence the settlements that the parties reach. If it is predictable that a matter would be decided in a certain way, it is seldom worth taking the issue to trial. In many cases, the cost of pursuing a disputed property issue at trial will exceed the possible monetary gain of a victory in court.