Divorce Litigation: What really happens in litigation (and why collaborative divorce is better)

divorce litigation family lawyer

Video Transcript

Today I want to continue talking about divorce options. Now what I wanted to show you today is why divorce litigation is my least favorite option for divorcing couples. I going to use this piece of paper here to demonstrate.

[Pam holds up an unfolded, letter sized sheet of paper]

This piece of paper is what you are able to communicate to me about what is going on. And everything you want to get thoughtful consideration when deciding about your future. And your family and how your assets are going to be divided up, and things like that.

[Pam folds the paper in half and holds it up to the camera]

This is what I am able to understand of what you tell me, what I’m able to hear, take in, assimilate and understand.

[Pam folds the paper in half and holds it up to the camera]

This is what I think will be important to the judge, to the decision maker. These are the most important things that I want him or her to hear and consider when making a decision about your family.

[Pam folds the paper in half and holds it up to the camera]

This, because of time constraints, the rules of evidence and the rules of procedure and how courts conduct trials, is what I am able to present to the court of what you’ve told me.

[Pam folds the paper in half and holds it up to the camera]

What the judge hears is this. Because judges are human beings. They can’t listen completely all the time. They filter things out that they don’t think are important. This is what the judge actually hears of what I present.

[Pam folds the paper in half and holds it up to the camera]

This is what the judge actually understands of what he or she hears.

[Pam folds the paper in half and holds it up to the camera]

And this is what the judge thinks is important about what the judge hears.

[Pam folds the paper in half and holds it up to the camera]

This is what the judge bases his or her decisions on.

[Pam tosses the paper out]

It’s bananas. Divorce litigation is a crazy way to make decisions. Because it doesn’t result in justice ever. It occasionally results in a fair result, but never a result that both people are really happy with, and usually not a result that’s best for your family.

[Pam holds up a new unfolded, letter sized sheet of paper]

So, if this is what you want to be thoughtfully considered, and taken into account, and discussed as decisions are being made about your family, your best option is to choose a no-court option for your divorce.

There’s lots of them, you can read about them on my website, and I’ll be doing another video about another option at www.masterscdc.com.

As always, I love to talk to you personally. If you have any questions, concerns, or you’d like to get more information, give me a call at 386-271-8044

Contact The Collaborative Divorce Center:

Call us at (386) 271‑8044, email us at pam@masterscdc.com, or fill out the form below and we will be in touch.

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