Documentary suggests better ways to go through divorce
The end of a marriage is a life-changing event. In the United States, roughly half of all marriages end in divorce, which is why so many people, including Californians, are familiar with the legal process. When people talk about divorce, they often refer to the legal process as a battlefield where two individuals argue over child-custody arrangements, property division and spousal support. Emotions run high during divorce, which makes it difficult to settle cases as quickly as possible.
A new documentary, “Divorce Corp,” takes a long, hard look at the legal process as it is being conducted in the United States today. Most family law courts still promote the adversarial approach: two people arguing in front of judge. Each divorce decision depends on a judge who oversees the case after hearing arguments that probably leave out some important facts and embellish others. The problem is that divorcing individuals are often kept from reaching settlements that best fit their unique situations. All too often they must return to court for modifications later.
Divorcing individuals who do not finalize their cases quickly can build up enormous legal bills. To avoid this, they may try alternative options such as mediation or collaborative law. These alternatives only work, however, if both parties are willing to talk through every issue to minimize the impact of divorce on their children and their financial futures. Divorcing individuals should note that they can still retain legal representation while using these alternative approaches.
Anyone who is currently in the middle of a divorce case should understand that the divorce only dissolves the marriage. If there are children involved, divorced spouses will still need to work together for the benefit of the children – in a sense, they are business partners committed to their children. This may also be the best reason to settle a divorce amicably.
Source: Forbes.com, “Divorce Corp documentary: how to make divorce better,” Robert Pagliarini, May 14, 2014