For many Arizona spouses, the inner workings of the legal system are something of a mystery. Those who have had no need to file lawsuit or defend against a criminal charge are often limited in their knowledge of how the law or the legal system works. For such individuals, understanding the role that a family law judge plays in a divorce case is an important need when deciding how to manage the end of a marriage.
Many people assume that each and every divorce case is litigated in front of a judge. In reality, however, judges become involved in very few divorce filings. In most cases, spouses are able to work out a settlement outside of court. The benefits of doing so are numerous, including a faster, less contentious and often less expensive outcome. In addition, when a judge makes a divorce ruling, the outcome could be far more difficult to live with than an agreement that a couple could have reached on their own.
In order to understand how this could occur, it is important to look at a divorce case from the perspective of the judge. A family court judge can hear a dozen or more divorce cases in a given week, the details of which are very similar. Attorneys representing each spouse will have limited time in which to present their arguments, and only the most important topics will be covered. After hearing testimony and reviewing evidence, a judge will make a number of decisions that will have a lasting effect on the lives of both spouses, as well as many shared children. He or she will do so with almost no insight into the workings of your family, or the specific needs of your children.
While litigation is necessary for some Arizona divorce cases, couples who seek to end their marriage should make every effort to reach a settlement outside of a courtroom. Even though the process of negotiation can be time-consuming and stressful, the outcome will be one in which both parties played an active role. If the matter goes before a judge, the outcome will be a decision handed down by a third party who is unfamiliar with the spouses or the unique needs of their family.
Contact Our Divorce Lawyers in Chandler AZ
If you still have questions regarding the role of a judge in a divorce case, our divorce attorneys can help. Call the Law Offices of Janice M. Palmer, P.C. at (480) 820-4771 or toll-free at (888) 352-7725 for a consultation.
Source: The Huffington Post, The Divorce Process: Let me Introduce You to the Judge, Jackie Pilossoph, Jan. 8, 2014