One of the most telling lessons one can learn when going through a legal battle such as divorce is that there are no guarantees. Anyone, including an attorney, who tells you, "You will win in court" (when referring to division of assets and allocation of debts) is preaching nothing but ignorance. Instead, I subscribe to the Socrates concept, "I know that I know nothing." And in the case of divorce court, the only certainty we can rely upon is the uncertainty itself. We should only accept the opinion of value of our positions through an interpretation of the law that applies to them.
As a Divorce and Family Law mediator, I have been trained to provide no advice, steering or opinion of case when assisting couples in devising their Marital Separation Agreements. Instead, I commonly refer them to their legal counselors, attorneys'/lawyers who are not only educated, but licensed and experienced in such matters.
In fact, they are urged to seek legal guidance before they attempt mediation regardless if their advisors eventually represent them or not. This is because I want them to know their legal rights so that those I mediate have a firm understanding of the possible outcome if their talks fail and the case go before the court. But are legal rights in a Divorce case steadfast?
Um. No.
And when one spouse says, "My attorney said if I go to court, I would win", I cringe.
The grandiose statement is vague in that "winning" itself is subjective on the basis of what each spouse values in the terms of the divorce. It fails to acknowledge the basis of the potential outcome. Understanding one's legal rights is understanding the way the legal system works, multiple potential outcomes and facts of the case and how the law applies to those facts. The divorcing spouses must be able to rely upon a professional or themselves to apply the law, experience and knowledge to the facts of the case, in order to provide structure to the argument that his/her client or self be made whole.
Then when negotiating and/or attending mediation, each spouse leverages their rights supporting their position on the basis of facts, laws and strategy in an effort to develop terms that both spouses can agree upon. Depositions, affidavits, discovery, witnesses, testimony, and evidence may all strengthen or weaken either spouses position/case.
Facts of Legal Process of Divorce
In a divorce case, numerous variables determine the legal rights of each party, leading to potentially subjective outcomes based on interpretations of the law by various professionals involved. Key factors influencing these rights include state statutes, case law, the specifics of individual circumstances, and the interpretations offered by each party’s attorney and the presiding judge.
Variables
State divorce laws vary significantly, encompassing provisions for asset division, child custody, spousal support, and more. Each state’s unique legal framework means that what may be a winning strategy in one jurisdiction could be ineffective in another. Attorneys often interpret these laws differently, leading to diverse strategies and potential outcomes for their clients. A proficient attorney might leverage case law that aligns with their client's situation, or they may rely on established statutes that support their arguments. Conversely, opposing counsel will strive to counteract these perspectives, aiming to establish a narrative that favors their client’s interests.
"This is what I think, so this is what I'll rule"
The courts also play a critical role, with judges interpreting the law within the context of each case. Their personal views and judicial philosophies can greatly influence decisions, making outcomes unpredictable. Judges may consider not only the legal arguments presented but also the specific facts of a case, including the parties' conduct and any evidence of cooperation or conflict.
This fear of the unknown can be reduced when a consulting, local attorney within your jurisdiction provides legal advice based on experience with judges presiding over similar, past cases within the family/civil court where your divorce gets processed. But, again their are never any guarantees, especially when factoring in the opposing party's strategy.
Legal Help
Ultimately, the potential outcomes in divorce proceedings hinge on a complex interplay of legal interpretations, individual circumstances, and the skill of legal professionals. This broad lens underscores the importance of selecting a knowledgeable attorney who can navigate the nuances of divorce law effectively. Clients must be aware that the final resolution may vary widely based on the various interpretations of their case, making thorough preparation and informed legal guidance essential.
While spouses have the option to go pro se' (self-represent), a professional legal advisor is recommended for cases where spouses have been married for numerous years, had children and/or accumulated any marital assets/debts.
Become a Knowledgeable Divorce Consumer
It's crucial to have a firm understanding of the laws in your state as they may or may not apply to your case. While we do not advocate divorce consumers using information from online sources instead of legal advice from a professional, locating the state statutes and regulations related to divorce or basic information about divorce can be helpful in understanding your attorney and the advice he/she gives.
