When Your Divorce Requires Litigation
Most divorces are either eventually hammered out between the two spouses and their attorneys or are resolved through alternative dispute resolution such as mediation. Sometimes, however, a divorce is so complicated or contentious that it proceeds to litigation. The fact is that proceeding to litigation is not only expensive, time-consuming, and nerve-wracking but is also extremely unpredictable. Your experienced Central Texas divorce lawyer will work closely with you to help avoid litigation if possible and to ensure that you are well prepared if your case does go to court.
The Court Has Significant Discretion
It is established that litigation is expensive and time-consuming, but the most anxiety-provoking component of going to court is the unpredictability involved. The fact is that the court has considerable discretion and generally is not shy about wielding that discretion. There are several considerations that make going to court that much more overwhelming:
You know what is best for your children, and it can be very frightening to rely upon the court to make this determination for you.
The judge is a human being, and as such, he or she is subject to personal biases that can affect the outcome of your case.
The judge may be swayed by a more (or less) sympathetic litigant.
If your background story is complicated, it may be difficult to accurately present in a way that makes sense to the court.
Going to court often feels like a wildcard. Working closely with your experienced Central Texas divorce attorney can help.
Judges are People Too
The judge presiding over your case is a person who is subject to all of the conditions and variables that affect everyone else. This means that on the day you go before the court, he or she may not have had a good night’s sleep, may be in a foul mood, could have specific biases about child custody arrangements based on factors in his or her own life, and so much more. There are so many variables that can come into play that it is difficult to consider all of them. The judge is, however, charged with being impartial, and most judges do their level best to remain so.
The Law
Finally, it is important to recognize that the law is not always fair because it simply cannot accommodate the infinite number of variables that can come into play in any given divorce case. While the law does continually evolve, it never reaches a state of completion. Yes, going to court is unpredictable, but if your divorce is proceeding to litigation, it is doing so for a reason, and staying the course is critical. Your Texas divorce lawyer will help ensure that your case is strong and that you are ready to go before the judge when the time comes.