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The Seven Options for Divorce: Number Seven

Alec Baldwin wrote a book last year called A Promise To Ourselves, decrying “the corrupt California divorce industry” (his words).  He describes a nightmare divorce that lasted eight years and cost over three million dollars, after a ten-year marriage to Kim Basinger.   That is the seventh option:  Litigation.

A few years ago there was a case all over the newspapers.  A short marriage; a two-year-old child.  Dad was voluntarily giving Mom $50,000 a month in child support, but the mother wasn’t satisfied.  Mother wanted $350,000 a month in child support for the two-year-old.  Why?  Because Dad could afford it.

The couple spent over a million dollars – each – on the Order to Show Cause Hearing.  At the end of the day, after hearing all of the evidence and testimony, after concord jets and race horses and all the other evidence put in for a two-year-old child, the judge raised the support from $50,000 a month to $60,000 a month.   A hundred thousand for a million.  That’s litigation, straight up, all the way.

The good news is that you have options.  You don’t have to spend your life’s savings on legal fees or spend years fighting in court.  It’s your money, it’s your family, it’s your choice.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation

The Seven Options for Divorce: Number Six

Your sixth option is Rent-A-Judge.  If California were a business, it would be bankrupt.  The courts are under-funded and over-crowded.  The lines waiting for trial dates go on and on.  The supervising judge in the family law department is anxious to get rid of cases.  Any time two attorneys stipulate to file an application for Rent-A-Judge, the court will immediately appoint a retired judge in good standing as a judge pro tem*.

But how does it work?  The court appoints a retired Superior Court judge, an appellate court justice, or a Supreme Court justice, and you rent their time.  In most instances they apply the same rules they would if they were sitting in a courtroom.  They may even work in a courtroom.  But if Angelina and Brad Pitt decided to get married and then decided to divorce, they wouldn’t go to court.  They’d hire a retired judge and they’d have their divorce at Chateau Marmont and it would be catered.**

Los Angeles County is host to a “Rent-A-Judge” program wherein retired Superior Court judges are available as arbitrators or will sit as judges on a private basis.  In the “Rent-A-Judge” program you try your case in a conference room just as you would in a court room, but without the delays and interruptions you experience with a judicial officer who is subject to the interruptions of a heavy caseload.  If you know you have a case that will be in court for a long time, this option can save you a lot of money.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation

* temporary judge

** The Law Collaborative does not represent either of the Jolie Pitt’s and is in no way making any claims about the state of their relationship.  It was a harmless, fictional example.

The Seven Options for Divorce: Number Four

The fourth option for divorce is Arbitration, which is quite different from our first three options.  The Kitchen Table Divorce is casual, creative, quick and inexpensive.  Mediation is a cooperative effort between individuals to reach a mutual agreement based on consensus and compromise.  Collaborative Divorce provides you with a team of professionals that rally and support you, ensuring that all your needs are met.  Though Arbitration is similar to mediation, it is more like litigation in that the parties present their respective positions, evidence, testimony and witnesses to a trial of fact.

Arbitration is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.  The arbitrator may be a retired judge, an experienced trial lawyer, or some other professional selected from a panel of competent arbitrators, such as the American Arbitration Association.  Arbitration can be either voluntary or mandatory and can be either binding or non-binding.  The principal distinction between mediation and arbitration is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability.

Arbitration is most commonly used for the resolution of commercial disputes, but it is desirable in divorce cases when agreement cannot be reached but the parties still wish to save the costs and expenses of litigating through the usual judicial system, which has built-in delays and attendant increased costs.  The Los Angeles County Superior Court sponsors an arbitration program and a “Rent-A-Judge program wherein retired Superior Court judges are available as arbitrators, or will sit as judges on a private basis.  But we’ll talk more about Rent-A-Judge in a later post.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation