When parties go to court, and cannot settle their case, the reality is that their life is put in the hands of a family court judge. A family court judge ultimately has to make a decision about what will happen with marital property and debt, the children, child support, spousal support and other important issues.
This reality is sobering to many parties when they really contemplate it. Some family court judges can hear the evidence and may come up with a decision that parties can live with at the end of the day.
What if, however, one or both parties are unhappy with the result? After all, we are talking about one family court judge.
Family court judges are human beings. They see the world and a particular case through the lens in which they view the world. This is human nature after all.
Some family court judges can be liberals. Some family court judges can be conservatives. In terms of family law, some family court judges might believe that fifty-fifty custody is best in most cases as an example. Some family court judges might have the exact opposite perspective.
Instead of putting your case in the hands of one family court judge, why not think about collaborative divorce? In collaborative divorce, parties work together with a team of professionals to try to come up with a decision that works for both.
Certainly when parties are going through a divorce, the trust can be in a very low place. The reality, however, is that both the parties to the divorce are going to have to live with the results of the case. They will have to work together — whether they like it or not.
Both parties will not only have to live with the results of the case for a short time thereafter. But in most instances, the impact of a divorce can be long-lasting.
Thus, a critical question in determining whether to try a collaborative divorce is who does a party trust more? Do they trust one family court judge to make the call? Or do they trust their ability to come up with a mutually agreeable solution with the soon to be ex-spouse?
For some parties, they might opt for court where one family court judge makes a decision. They might see no alternative. But for other parties, the notion of one family court judge making the decision might cause them to opt for a collaborative divorce instead.
The decision is one that is worth contemplating for most parties at a bare minimum. A court imposed resolution is not the only option for parties who are divorcing.