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Litigating Matrimonial Cases
The litigation system we inherited is not well-suited to resolving marital disputes. Those of us who have litigated divorces for decades have come to understand that litigation is not the preferred route to deciding marital discord. Most family court judges overtly state that the litigants would be better served by an amicable resolution reached after each spouse's needs have been considered rather than a contested trial. In fact, one court of appeals judge in California has noted that 'family law court is where they shoot the survivors.'
Fully contested litigations leave both spouses bloodied and have a permanently inimical effect on children. There are no winners in matrimonial cases resolved by the litigation paradigm. Seeking a better way, matrimonial attorneys turned to mediation, which solves many of the problems created by the litigation process, but has its own inherent weaknesses. Many mediated agreements are later set aside because financial disclosure was lacking, or because one or even both parties lacked proper representation.
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