One of the major problems that Judge Duncan has with divorce court is that it is adversarial in nature. He states:
Once divorce lawyers have taken a case into court, they are required to rely upon the historical underpinnings of the adversary system, and normally have little choice but to follow the same procedures as business and criminal lawyers in getting ready for their trials.
Judge Duncan also points out other harmful aspects of taking your divorce problems to court, such as: high costs, antagonism and angst, harm to children, long delays, overloaded calendars, wrong decisions, lying witnesses and disgruntled judges.
Judge Duncan recommends that you avoid these problems by talking things out with your spouse or using alternative dispute resolution methods such as mediation.
Tomorrow: My favorite chapter.
