How to Stay Out of the Courtroom this New Year
A Judge once said: “It would have been better if you two could have resolved this outside of Court, because now, me as the Judge, who doesn’t know you or your family, is forced to decide what is best for you and your family.” I was representing my client in the courtroom that day, but this comment continues to resonate with me today.
The Judge was absolutely right. She was never able to meet the son of the parties but was forced to decide how often this child would see each parent, where the child would spend the holidays, and where the child would go to school. It was heartbreaking to watch the assertion of judicial power and influence because the parents were not able to decide what was best for their son themselves.
So how can you determine your own fate this year both for your future but also the future of your family? Staying out of Court may be the best option. Here are some steps involved in keeping you and your family out of a courtroom:
First, speak with an attorney and express your desires to reach an amicable resolution early on in your relationship with your attorney. When consulting with an attorney, make sure they understand and support your desire to keep the case outside of Court. Collaborative Attorneys specifically are trained to handle cases outside of the Courtroom through an amicable process.
Second, discuss Mediation as an option to resolving your family law case with a Certified Mediator. Typically for Mediation, both parties attend with their respective attorneys and a Certified Mediator whom serves as a neutral third party. The Mediator goes between each party and works to resolve any outstanding issues such as child support, alimony, division of assets and debts, and other family law related matters. Even if a lawsuit has already been filed with the Courts, Mediation is an option to explore at any stage before your case reaches a Judge.
Finally, whether you go through the Collaborative Law Process, the Mediation Process, or if you are able to speak directly with your ex-spouse to work out any unresolved family law issues, your attorney can help draft a legally binding and enforceable agreement. Your attorney will also ensure that you understand your legal rights and the implications of any agreement.
If you have the ability to decide what is best for your family, that is always the best option. A Judge does not want to determine the fate of you or your family, but a Judge will do so if needed. Not every case can be resolved outside the Courts but taking these steps may result in a better outcome for everyone involved.
If you or someone you know is enduring a family dispute but wants to keep the matter outside of a Courtroom, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
