Trial
When a fair resolution cannot be reached, we get a judge’s help in getting fairness for you in trial.
Trial is a truth disclosing process. The judge’s job is to use the trial to discover truth and base the decision upon it. Helping the judge discover the truth is the purpose of trial. That is our purpose is serving you.
We will not use Trial As Warfare in Which Anything Goes. Trial is a contest between factual perspectives and the application of legal theory to the facts found to be true. Laws design and intend this to be an attempt to find the truth and apply the correct legal principles to it. In most situations that is relatively simple and clear. Sometimes trial is needed.
Trial is not getting even. It is not punishing the other party. Treating trial as a way of making things difficult for the other quickly becomes a financial and an emotional catastrophe. The turmoil and disruption prevents sleep, concentration on work, and destruction of relationships with family, friends, children and with your savings. It is self-injury. If it is responded to in kind, it becomes a war of attrition, a form of mutual savagery.
Trial as warfare occurs when a party finds the end of the relationship too painful to endure. Overwhelmed by the loss, a party can blame the death of the relationship and of the lost possibilities that the marriage promised on the other and try to punish them in every contact. It becomes a contest of story telling, invention of trouble, attempts to prove what a bad person the other is by voicing opinions, making allegations without proof, creating intentional diversions, complicating everything and blaming the complications on the other.
Our Policy on Trial Warfare. Defeating this abuse of the court’s process requires the highest skill in disclosing the deception and refraining from responding in kind. We enjoy helping defeat this form of abuse. It takes discipline, especially when the repeated insults seem effective, cause humiliation and burden our preparation. Our policy is that we will not take abusive actions, because we know such actions will eventually injure you. If you really need to try to punish the other party, we recommend you use another attorney. Come back to us when you are ready to repair the losses and clean up the damage.
Ending a marriage requires the courage to accept the pain. It is unavoidable. Then look to what will care for the children, yourself and still be fair to your soon-to-be ex-spouse. This ultimately cares best for you and for the children.