Family Law Litigation Tips
The divorce proceedings for every couple are always a little bit different and unique to their specific circumstances. But there are some common threads--namely, it's rare for a divorce to be truly easy. There may be some that are much simpler to process from the standpoint of legal mechanics. But a divorce is always the end of one period of a person’s life. Even when that’s necessary, “easy” is rarely a word that’s used to describe the entire process.
But saying something isn’t easy does not mean there aren’t ways to make it more manageable. With that in mind, there are five family law litigation tips people should at least consider when going through a divorce.
Call The Law Offices of James-Phillip V.M. Anderson at (916) 282-7737 or fill out our online contact form to arrange for a consultation.
Yes, we realize that we have a professional bias in this regard, and that people absolutely have the right to represent themselves in a California divorce. But the legal issues that can arise in even the simplest divorces can be thornier than people may expect. Furthermore, if a divorce seems simple, it might be because one spouse or the other is overlooking something important. An experienced lawyer can stop that from happening and give the client peace of mind that the details of their settlement are being looked after.
Keep Reasonable Expectations
In an ideal world, we could process the divorce through the courts quickly while getting clients everything they could possibly want in a settlement. But the world we live in is far from ideal. It’s best to think in terms of what parts of a settlement are really make-or-break, and what parts involve something you can live without, if necessary. At The Law Offices of James-Phillip V.M. Anderson we view a core part of our job being good communication on right-sized expectations.
Commit to a Rancor-free Process
Clients can’t do this alone, as it requires the mutual cooperation of their soon-to-be ex-spouse. And we would never suggest accepting an unfair settlement just to avoid conflict with the other spouse. But if both spouses are willing, they can make a commitment to constructive, collaborative dialogue and negotiation with each other. The couple may have compelling reasons—notably children—to continue being in each other’s lives after the divorce. A collaborative settlement process can get the new era off on the right foot.
Let Facts Speak for Themselves
By this, we mean to avoid overly emotional and aggressive rhetoric, either in negotiations or in court. We know the issues that may necessarily arise can be highly charged. An example might be a spouse who has a substance abuse problem, is in denial, and child custody has to be settled. The other parent is rightfully upset about the prospect their children could be living, or spending substantial time alone with, a parent struggling with addictions. As emotional as this is, it’s best to just to lay out the facts, one by one, and let them speak, loud and clear to a California judge.
Keep the Kids Out of It
Children are likely going to want a relationship with both of their parents after the divorce is over. No matter how much bad blood may exist between the parents, it’s often possible to keep that away from the kids. In time, the negative emotions the spouses feel towards each other will fade into the past. And they will likely be glad they didn’t say anything in front of the kids—even if what they wanted to say was completely true.
Collaborative & Compassionate Legal Counsel
People who come to our office for help may be dealing with some personal pain, in addition to their legal issues. We’re here to help. We can’t make the pain go away, but we can lift the legal burden from a person’s shoulder, so they can focus on their self-care.
Call The Law Offices of James-Phillip V.M. Anderson today at (916) 282-7737 or contact us online to set up a consultation.