Guest Author - Stephanie L Watson

If we do not do something to change our system then our Divorce Court System in the United States, often called, Family Court is terribly and horribly, irreparably broken.

The politicians and lawmakers within the system have tried to make things better by implementing a lot of programs from both sides of the equation to try to make the situation better. But the fact is, when you're going before a court of law to decide personal family matters in a Divorce, the court system cannot and never will be able to give a “fair” settlement because it's just not set up correctly.

Judges are trained in the law, not human psychology, or accounting, and most certainly not child development. Judges are simply guardians of the law. They must follow strict procedures, hearing only motions that were filed for that particular hearing, and nothing else. The system was designed to protect the innocent at the cost of a few guilty people going free. Individual rights are paramount in court and the structure necessarily protects those rights.

In most cases involving divorce the parties do not have the money to call in expert witnesses or financial advisors to help them weed through all the information and get their side of the story to the judge. Most cases, it's just you, your lawyer, your ex and his lawyer, or even worse, each of you or one of you before the judge with no lawyer.

You don't know what to do, you don't know what format to address the courts, you tried ordering systems to assist from the Internet but since Family Law is often very local in nature it can be difficult to traverse the system alone; often your case will be dragged out for years due to procedural errors. Even with an attorney the “system” is rewarded the longer the case takes. The more delays you have, the more times you have to appear before the judge, the more your attorney and the court earns. There is absolutely no incentive to a speedy trial within Family Court.

Oddly it is in Family Court where speedy decisions are necessary. It is even more important when children are involved because they grow up all too soon. Being involved in a nasty court trial during their formative years can be disastrous to their development. It is very beneficial and necessary that decisions are made in their best interest sooner rather than later.

In order to affect a massive change on our Family Court System we need to write new laws to allow us to change it, and then throw out the entire system and create something truly unique and helpful to families.

The New Family Court should involve a panel of experts for each case appointed by the court and charged to each individual on a sliding scale basis. The panel should consist of mental health professionals, financial experts, mediators. The couple should be required to attend mediation, cooperate with the professionals in every way, and should be highly encouraged to work out a plan with in 90 days.

The goal of the professionals is to craft a realistic, fair and feasible plan for the newly formed separate family in terms of finances, children, and the future. If one spouse realistically needs more education to be able to be self sufficient this should be important too. If it is impossible to keep the house, that should be addressed.

If the couple cannot work out a plan they agree on within the 90 days, the mental health professionals, advisors, and the mediator can submit to the judge their opinions and then allow the judge to read the case that is prepared by the couple, and professionals, in writing and then the judge can decide. The case presented in this matter would likely consist of more information than a judge normally gets because he or she will have access to all the information that the couple was required to submit to the above mentioned panel.

If the judge has questions, then he or she can call the couple to court with their team.

The key to success is the training of the professionals. The current training is lacking in creating a goal of a peaceful, fair, and realistic settlement. Due to the fact that most couples already settle before going to court, this plan should allow for more fair and realistic settlements based on full and open knowledge because nothing done or said during the sessions can be held against you or used against you. There is no payment for causing hold ups, fabricating information, or asking for unrealistic settlements.