THE REALITIES & MYTHS OF LITIGATION
What Really Happens When You Go To Court To Resolve Your Disputes

MYTH #1: The Judge is a wise and all knowing person who will make the right decisions for you and your family.

REALITY: The Judge knows little about your specific family. You are the expert on your family, the situation, and the needs of each individual family member. You are the only ones who can take the time to consider how any one of various solutions might impact the members of  your family.

MYTH #2: The Judge will review the facts of your case and make the best decisions for you and your family.

REALITY:  There is a wide variation between Judges, so depending upon which Judge is hearing your case, their caseload and calendar, he or she have had more or less time to become familiar with your circumstances and the contents of your case file.

MYTH #3: The Judge's job is to judge and to determine which party is the good parent and which one is the bad parent. The Judge will admonish or punish the bad parent. The good parent will feel vindicated.

REALITY: The Judge is not interested in labeling parents good or bad nor in punishing or rewarding parents. The Judge's responsibility is to make sure appropriate decisions regarding property and children are made within the standards defined by the pertinent laws.

MYTH #4: Once a Judge has issued Parenting Orders, it is relatively easy to go back to Court and ask for a change of the Orders based on the same standards that were used when Permanent Orders were issued.

REALITY: If you are agreeing to a Parenting Plan and you have some concerns or doubts about whether certain parts are in your child(ren)'s best interests, consider these words of caution: It is very important that you are fully aware that in post-Divorce litigation there is a change in the standardsused to modeify permanent Orders. The burden of evidence which must be met is significantly greater than it was previously. In the initial divorce decree the standards that were used were those of "Best Interests" of the child; however, after permanent Orders to obtain a modification requires demonstrating verifiable evidence of placing child(ren) in situations of "Endangerment."

MYTH #5: The calling of witnesses to testify in Court as to the facts of the case will prove whom is the better parent. The Judge will see a parent's infidelity as an indicator of a parent's impaired character. The Judge will consider religious practices and attendance at a house of worship to be a good measure of a parent's morality.

REALITY: A Judge is not interested in hearing about the details of infidelity unless inappropriate behavior is occurring in front of the children.

MYTH #6: Domestic Relations matters are private and confidential in the Court

REALITY: Domestic Relations matters (i.e., the Dissolution of Marriage) are heard in an open Court room, and proceedings are recorded and become part of Public Records which can be viewed by anyone. There is not protection of confidentiality in regard to testimony, affidavits, and auditory and visual exhibits entered as evidence.

MYTH #7: Prior to the Hearing, a Judge will thoroughly review the CFI (Child and Family Investigator)'s report, and be familiar with the strengths and weaknesses of your family and each parent.

REALITY: A Judge may or may not have read the CFI report in its entirety and reviewed the recommendations.