Is Divorce Court Fair?

If you are getting divorced, your emotions are probably running high. However, it is important to keep a level head and remain as objective as you can. Try not to fall into the trap of worrying about what is “fair” as much as worrying about what is the best for you and your children.

When you are ending your marriage, deciding what is fair is difficult. A majority of the decisions made during a divorce are not made upon fairness because it is a different standard for each person. Your perspective of what is fair may be in exact contradiction to what your ex-spouse believes is fair. Thus, fighting over what is fair can be an expensive waste of time. If your divorce case goes before a judge, the decisions will be made applying the law and past case decisions as applied to the facts of your matter.

It should be noted, however, that in some cases people going through divorce genuinely want to be fair to their spouse. Amicable divorces are not a fairytale – they do occasionally happen. So don’t rule it out because it just may happen.

If you and your spouse are agreeing on the issues involved in your divorce, you should consider mediation or collaborative law divorce. Mediation involves you and your spouse meeting with a neutral third-party to reach agreements and finalizing your divorce. It is important to understand that because a mediator is required to remain objective and unbiased, he or she cannot provide legal advice, so it is important to have legal counsel assist you.

Collaborative law permits a couple and their respective lawyers to enter into a Collaborative Agreement that sets forth how they will resolve the issues between them without involving the court until a final order.

Whether your divorce is amicable or full of disputes, we are here to help. Contact the knowledgeable attorneys at the Men’s Divorce Law Firm. Our office is located in Orlando, Florida, but we proudly serve husbands and fathers across the State. The firm also serves men out of state with child custody interests in Florida.