Justice, as most people imagine it, may only exist in books and movies.
In the real life world of
divorce proceedings, nobody truly wins or loses. Although the question is often
asked of attorneys, "How many cases have you won?" it is important
to understand that successful divorce proceedings are not measured by
who wins or loses. Put another way, divorce cases are settled and every
settlement is a "win."
Another important point: going to trial in front of a judge is costly.
Instead of the parties determining for themselves what is a fair settlement,
all the power is handed to a judge who hears the arguments, listens to
testimony and attempts to impart a fair division allowed under the law.
Again, no party is winning or losing the judge is just determining what
the settlement will be between the parties.
There are always mitigating circumstances in which trial will be the best
option. If a trial is necessary, then choosing the right attorney becomes
VERY important. People think they want an attorney with the reputation
of being a bulldog in their corner. What they don't realize is that
the bulldog is typically less interested in their client's best interest
and more interested in getting as much billing out of the case as possible.
A typical divorce proceeding can cost between $5,000 and $10,000 per party.
If you choose to have your case settled by a judge at trial you are looking
at spending $30,000 to $60,000 per party. Often people let their emotions
determine their actions. In some truly egregious situations, the bulldog
"substitutes out" of the case and leaves their clients with
no money and an incomplete divorce.
When hiring your attorney, look for someone who you deem as trustworthy,
an effective negotiator who is a skilled orator and has excellent writing
skills. Instead of bulldog, you need an aggressive negotiator who will
be with you till your judgment is filed with the court. Take some time
to consider what your ultimate goal and budget is, and then choose to
make decisions based on this instead of emotion.
I'll close with a bit of irony, the $60,000 case typically ends up
with the same settlement as the $5,000 case. It just takes the parties
longer to get to that point.
Ready to discuss your case?
Contact The Buncher Law Corporation today to schedule an appointment with an Irvine divorce lawyer.