The Private Judge Alternative for Divorce
A Cure for COVID-19 Court Closures
It was the best of times; it was the worst of times . . .”
The phrase famously opens “Charles Dickens’s A Tale of Two Cities and accurately describes the state of matrimony. Weddings are the best. Divorce is the worst. Everything in between is marriage.
These days, the wait to file and obtain a court hearing has lengthened. The courts’ waiting lines to push things through can make the testing lines for COVID-19 look short.
Divorce reeks of failure. The marriage did not work. And divorce is not only messy and hurtful. It’s expensive and requires digging through paperwork, as noted in our previous blog post. Once the paperwork is filed , a regular public divorce process will take at least six months from the date the person filing for divorce lets the other person know because of California law’s mandatory waiting period.
Patience is a virtue
Patience may be a virtue, but it’s usually in short supply when a couple has decided that divorce is the only answer. Waiting for the public court system can be excruciating these days. In the face of the most recent outbreaks, the 7/10/20 press release for the County of Los Angeles has mandated social distancing and wearing masks and is restricting the number of people in the courtrooms. It might be possible to leverage technology, but the number of people in the courts to process paperwork has been reduced. Waiting times for filings to be handled have stretched. In general, public court systems can be slow, clogged, messy, understaffed, and backlogged. Covid makes it worse.
The Family Law Private Judge Alternative
Instead of a public divorce, the family law private judge alternative might be worth considering.
| FAMILY LAW PRIVATE JUDGE ALTERNATIVE |
||
| CONSIDERATIONS |
PROS |
CONS |
| Speed |
The judge is not at the mercy of the docket of cases. Goes faster, and emotional “damage” is reduced. |
Cost! -- These judges can charge as much as your attorney. |
| Control |
You have more access to a private judge. |
You may not have access to the “broader” world view. |
| Privacy |
Especially high-profile, high- asset dissolutions might want this choice. |
Public cases may be “fairer” as more “eyes” are on the proceedings. Is publicity good for either party? Maybe. |
Checklist for working with a private judge:
·The private judge must have the same qualifications as a judge who would serve in a public court.
·All parties to the divorce, their attorneys, and the chosen private judge have signed a Stipulation for Appointment.
·The signed Stipulation for Appointment was sent to the presiding judge of the county in which the case is pending.
After the presiding judge has endorsed and signed the order, the private judge will have the same powers of the sitting Superior Court judge for that case only .
When will a private judge work best?
·If the parties can afford to hire a private judge
·If the matter is legally or factually complex, and will require several days of trial
·If a more private setting is necessary for protection from say, the media, the public, or other family members
Benefits to working with a private judge
Time-saving benefits come from having access to the judge and enjoying opportunities for quicker hearing dates. You can hire private judges that are experts in family law.
When the Final Judgment paperwork is filed with the court, the parties are divorced. Painless? Not at all. Just faster, like a quickly removed band-aid. It is a lot more expensive if the parties cannot agree, so working out some of the issues ahead of contracting with the private judge may save headaches and protect your finances.
Conclusion:
The family law private judge alternative can reduce waiting time, increase privacy, and enhance social distancing. Time is money. Privacy comes at a price. Properly vetted, a private judge well versed in family law can be worth every penny.
Please Contact Us if You Need Help in This Regard
Call: 949-756-0685.
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround the family law private judge arrangements in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
