Litigation is Adversarial

By Schonauer Law on May 25, 2020 at 05:35 AM in Collaborative

Litigation is Adversarial

The adversarial system is founded on the theory that in a contest between two committed, competent, well prepared advocates, the truth will win out.  This is a legal fiction.  Judges are human.

In most civil matters, juries listen to evidence and then decide facts like the speed a car was traveling or whether the stoplight was red or green.  In family law, the judge, one person, decides what the facts are.

In most civil and criminal matters, the court provides detail instructions to the jury.  Most of the time, the court provides instructions developed and published by the California Judicial Council.  In family law matter, judges, total strangers, get to determine what is in the “best interest” of your child, what your needs are and whether you should make more money than you currently earn.

Make a smarter, better choice, end your marriage collaboratively.