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Dealing with the Devil

It's often been said that when it comes to divorces that it's better to deal with the devil you do know than the devil you don't. When a couple decides to let a court of law make the decisions on how their assets will be split or how the children will be handled they need to be aware of what to expect.

Parties in a divorce should realize that although there are statutes that govern how judges rule on certain issues, a judge has discretion on applying those statutes on a case by case basis. The outcome of a divorce depends largely on the judge that hears the case, the attorneys that are trying the case and the day that it is heard.

Judges hear all kinds of different cases. Judges generally prefer divorce cases the least. They are the most difficult in terms of stress and ensuring fair outcomes.

Studies have shown if you were to let 5 judges hear the exact same case separately you could likely get 5 different verdicts. If is safe to say that court litigated divorce is not an exact science.

If a couple is so polarized they cannot agree on anything, they should try to find common ground even if they have to use a professional mediator. The agreements they reach will be better because they were able to tailor it to their specific situation which in turn will cause them to be more inclined to keep their agreements.

Remember that the more control you can keep of the situation the better chance you have in getting an agreement that is fair and that you can live with. Try to get as much agreement as you can before relying on a judge