The Judge Has Much Much Less Time For You Than Your Divorce Mediator

By Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsA common phrase used by couples going through a divorce is to get “justice and what they are legally entitled to.” Often times, couples, wives and husbands who have had bitterness in the ending of the marriage look at the courts as their only savior.  These couples look at Orange County divorce mediation as a compromise.

What most of these couples are unable to realize is that justice in a case can only be reached through detailed examination of the facts of the case and the application of the law that applies to it. Do you think the judges in a court case have that kind of time? Here is a lowdown of the reality of the family law court system.

·        Thousands Of Cases

Typically a family law judge will have hundreds or thousands of cases assigned to them. Typically per day he or she is likely to hear around 15 to 20 cases. A court morning starts at 8:30am and has a break for lunch from 12pm-at 1:30pm. Once the break is over, the court’s day ends at around 4 30pm. All this adds up to around 6 1/2 hours of court time per day, which the court’s attention having to be divided by up to 20 cases during that time.

·        No Prior Homework

Some judges will not have read your case file until the day before your case starts or right in the morning of the day your case begins. Detailed reading of the case requires time with motions, exhibits and moving papers, each taking considerable time. Consider the time he or she has per case, now do you think they can be fully knowledgeable about the detailed circumstances of your situation?

·        Finish It In The Set Time Or Else

Depending on your luck, you may get a full day’s hearing in front of the judge. Yet you need to make sure that your lawyer is able to close the case in the time they estimated to the court at the start of the case. If you exceed the time limit set of the case, the judge may order a mistrial or have to schedule a new court date that could delay your case for a few months.

How Divorce Mediation Compares

  • You and your spouse dictate the pace of the Mediation process
  • There is no limit of time you can spend in your Orange County divorce mediation.  Your mediation can either be one session or multiple sessions, whatever the parties wish.
  • The ample time and use of personal mediators means you are never pressed for time and the mediator makes it a duty to be well-versed in your case and know the situation in and out.
  • Unlike the courts, you and your spouse are the decision authority. You can choose to end the process by agreeing on a solution between you and your spouse.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”