Divorce in arranged marriages
At its worst, the lawyer's image is that of a cynical shyster, out to beat the system on behalf of whoever can pay the most. divorce in arranged marriages Advice-on-divorce. But most lawyers are neither knights in shining armor nor crafty villains. They are just practitioners of their trade of advocacy. Advocacy creates a sense of justice for lawyers that is different from a layperson's opinion of justice. divorce in arranged marriages Ontario divorce. Substantial justice, the justice that prevails when the guilty are convicted, is the domain of judges and juries, not the lawyer-advocate. What concerns lawyers most is procedural justice. The adversary system has an elaborate set of procedures to make sure that neither side takes unfair advantage of the other. divorce in arranged marriages Divorce papers free. Many constitutional protections, such as the Fifth Amendment, are designed to ensure fairness in criminal prosecutions. Rules of evidence, rules of discovery, rules of court, are all procedural safeguards to insure fairness in the adversary system. Lawyers are observant with procedures often to the dismay of their clients, for procedural requirements make for protracted and exorbitant divorces. I have witnessed lawyers spending thousands of dollars of their clients' money on procedures intended to discover hidden assets that could not possibly be worth enough money to cover the cost. But the fear that the other side might get away with five dollars' worth of defraud is enough for some zealous lawyers to justify spending a hundred dollars to preclude it. A second problem of the legal culture is that it tends to exacerbate rather than curtail divorce-related dissension. I have often found when mediating a divorce for a couple locked in litigation that the husband and wife are unaware that their positions are actually quite close. They can be a few dollars apart but still be fighting in court. Most lawyers, trained as advocates, tend to emphasize the clients' divergent interests. They do not encourage or emphasize the common or convergent interests of the couple. Yet divorcing people have many things in common, the most important usually being the children. These common interests that could provide a basis for cooperation are often ignored by lawyers, especially by those who revel in their identities as fighters. Lawyers are trained to approach each case as if it is to be a competition to the finish, as if the case will go to trial. Their concerns for procedure and their postures as combatants compel them to prepare for trial even though they anticipate to settle out of court. This people, is truly a sad misuse of time, energy, and money. Divorce is at least an emotionally charged process. The feelings are intense, and the stress is excessive.
Divorce in arranged marriages
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