Can’t a Judge Decide Everything?

Yes. A judge (or at least the court system) can decide everything in your family law dispute, whether it involves divorce, division of property, support or parenting arrangements (custody) or some combination of these issues. Of course, before you decide to use the court system to reach a resolution, you should consider what that process will actually involve and what it means to have the court system make decisions for your family.

You should recognize that even if you use the court process, you may never actually appear before a judge. The actual procedure varies from county to county, but most Pennsylvania counties have one or more steps you must go through before getting to a judge. This is designed to help people reach agreements if possible and also to reduce the number of disputes that judges need to address. Divorce masters handle divorce cases, including conducting the hearing; domestic relations support officers handle child and spousal support cases; custody conciliators meet with parents to address custody cases.

If the dispute is not resolved at these initial levels, you may then end up in front of a judge or there may be another intermediate step, depending on the county practice. Most disputes are either resolved by agreement before actually getting to a judge or the interim decision-maker’s decision is not appealed to a judge. So you may be signing up for an adversarial system that will ultimately push for you and your spouse to make the decisions yourselves.

If you’re going to make the decisions by agreement anyway, why not voluntarily engage in a process that is designed to help you reach agreements instead of a process designed to have you fight against each other? Alternative dispute resolution methods such as mediation or the collaborative law process are specifically designed to help couples make their own decisions privately and respectfully, without the unnecessary complications involved in the court system. Before you decide to have a judge make all the decisions for you, consider the alternatives.

If you decide to push through the litigation system and have a judge make decisions for your family, be prepared to be disappointed. You will experience a lot of stress, confusion and a hefty price tag to have a less-than-perfect decision imposed on you and your family. That’s why I recommend using litigation as a last resort instead of as a first choice.

If you would like to discuss litigation, alternative dispute resolution methods or any other family law issue, please contact me.

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