California divorce record
Notwithstanding, the change in the way fault is defined, the courts do not correspond to the way people feel about fault and divorce. california divorce record Example joint custody agreement. Very few divorcing people really believe in no-fault as a concept, finding much greater consolation in the belief that their spouses are to blame for the divorce. Although the adversary system initially promises vindication, it disappoints in the end because there is no finding of fault and no emotional exoneration. Our courts are much too busy coping with a flood of litigation to pay much attention to marital fault. california divorce record Alimony calculator. Yet other forms of conflict resolution such as mediation have not yet taken hold in divorce. The organized bar does not widely support alternatives to litigation. The result is that litigation is the sole alternative for resolving most divorce cases even though it results in a fundamental contradiction. california divorce record United for separation of church and state. The adversary system, designed for trials, depends for its survival on settlements. Although only 3% or less of all cases go to trial, court calendars are packed. Were this to increase only a few percent, the system would be unable to endure or to cope. A couple ready for trial, having already endured years of waiting and exceeding expense, finally gets to court for this day of judgment only to be disappointed and disillusioned when the judge and their lawyers compel them to settle before their case is heard. It is far from unusual for a lawyer who handles a hundred cases a year to try only one or two. Most settlements produced at the courtroom door tend to be deficient settlements. The fighting spouses settle because they fear losing control to the court or because they are intimidated by the thought of trial. The settlement is not reached through mutual understanding or consideration or mutual needs. It is not surprising then, that about 50% of all settlements break down, bringing the couple back to court for years following the divorce. Although the adversary system is an outmoded, inefficient means of achieving a divorce, it is not possible to get a divorce without some contact with the system. You will better able to use and control the system if you know something about how lawyers are trained and taught to think and behave. Lawyers are trained to be advocates and adversaries. Good lawyers win for their clients. They are not trained to care particularly whether their client is guilty or innocent or whether their client breached the contract. A lawyer who gets his or her guilty client acquitted or who succeeds in helping his or her client successfully breach his or her contract is a winner and, hence, a good lawyer. Under this system at its best, the lawyer's image is that of a crusader for justice, the lawyer who never rests until the innocent client or worthy victim has been vindicated.
California divorce record
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