The Traditional Court Divorce
As a divorce lawyer, I know how overwhelming the divorce process can be. You have many legal options for working through the divorce process, including a traditional court divorce. Our firm is a small one. We only accept a select number of litigated court cases depending on the case load. This firm generally handles court matters involving custody, support, settlement conferences but does not handle domestic violence matters.
If your matter is not a “best fit” for our office, we will provide you with resources to point you in the right direction.
What Are the Key Attributes of a Traditional Court Divorce?
In a traditional court divorce, there are defined roles and ranks. Lawyers and judge take center stage; the parties to the divorce play a smaller role. Both parties rely on their attorneys to speak for them and advocate their positions. All communication between the parties goes through the lawyers; settlement discussions are lawyer-to-lawyer negotiations.
In court, the lawyers talk to the judge; the parties do not speak to the judge, unless spoken to or questioned by the judge or witness testimony is planned (typically the clock is ticking and the attorney’s fees stack up while each side gets fairly unlimited time to testify).
- The divorce process is governed by legal rules, and the decisions in the case are dictated by the law;
- The divorce takes on an adversarial – Us v. Them – tone, much like any other lawsuit.
- The parties must place great trust in the legal process, including in the lawyers who speak for them and the judges who decide their fate.
- A judge makes all the final decisions in the case, often with limited time and based on limited information.
- The papers filed in a traditional court divorce are a matter of public record and hearings are held in public courtrooms.
- The cost of a traditional divorce, in both time and money, is unpredictable. So, too, is the outcome. When you let a judge make all the decisions, you may be forced into a settlement that you believe is unfair.
Should I Opt for a Traditional Court Divorce?
A traditional, court divorce may be the best option for you if:
- You want a Ventura County or Los Angeles County divorce lawyer on your side, to protect your best interests and guard your rights in negotiations with your soon-to-be-former spouse.
- You want to fight back aggressively against unreasonable demands by your spouse.
- The relationship between you and your spouse has completely broken down, such that you are no longer talking, or do not trust him or her to make full and accurate financial disclosures.
- You want an objective third-party – a judge – to decide your case.