The view that many have about divorce and family law matters is that it should be simple. Parties should resolve their difference quickly, save money on legal fees, and walk away from the matter friendly and amicably. Many even believe that exes can and should remain friends after the breakup.
Such a view makes theoretical sense. Who would not want a simple resolution to their divorce or family law matter that quickly gets them out of court? Any sane person would want this to be the case. Any reasonable person would also like to get along with their ex without disputes, squabbles, or returns to court.
Is It A Realistic Notion That Family Law Cases Are Simple?
The issue is that while the ideas above are noble and have the best intentions, they often do not turn out to be true. For some, there can be hard feelings about the breakup, as many go through a divorce or family law matter. Some wonder whether the relationship could have been salvaged, or why the other party behaved poorly in their eyes. For this reason, many parties do not remain friends after their case ends.
In other cases, both parties may want to settle conceptually, but they have different viewpoints regarding what is fair and reasonable to settle the case. Where parties have children and assets, the results of these cases can be important and long-lasting. Because parties cannot resolve their case, and it is not often as simple as meeting in the middle, they develop hard feelings over time as the litigation continues.
Sometimes, parties do not communicate well, or there is a power imbalance. In these cases, expecting parties to resolve the case easily or among themselves can be naive and unfair. When parties try to negotiate themselves, arguments can occur in many circumstances, which can make the resolution more difficult.
In other cases, one party capitulates to an unfair deal because they do not handle conflict well. When that occurs, a party can have buyer’s remorse and return to court on a modification. Even if they do not return to court, they can remain bitter and upset about the case outcome.
Divorce and Family Matters Are Not Easy For Many
For many going through a divorce or family law matter, divorce and family law matters are not simple or easy. Reaching a settlement both parties can agree to and accept can be difficult for many. Even where the parties can agree on the big picture items, the details can matter and need to be ironed out. When the details are not meticulously dealt with, parties can often have disputes or end up back in court.
In cases where parties cannot settle, court dates will occur. Ultimately, a trial or an evidentiary hearing could resolve the case. Parties need skilled and diligent legal representation in the courtroom that understands the complexities of these cases, given that there are court procedures and rules of evidence. Even when the parties are trying to settle their case, a lawyer who can negotiate effectively is necessary.
