Divorce Basics Attorney in Los Angeles, California
Divorce: What’s the most important thing I should know about the divorce process?
Divorce: What’s the most important thing I should know about the divorce process?
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What is the most important thing that someone should know about the divorce process that’s a really good question? I’m not sure that the same answer applies to everybody but first, I would tell people there’s no jury in divorce there’s only the judge and the judge sits as the court of law and equity meaning the judge listens to the witnesses, decides, ascertains the demeanor of the witnesses, is this person telling the truth? Do I value this expert’s opinion or do I weight this expert’s opinion more heavily than this expert? And the judge also decides the law and the judge has a lot of discretion. So I think the most important thing is if you’re going to go before a judge and before the court recognize that you’re not maybe going to get everything that you want and you could get an order that you don’t like so much.
For example, I had a client a couple years ago who wanted to sell her home and it was her home, it was her separate property. And we put in all these documents to collaborate her assertion that the home was her separate property and the court made and order and he said I’ll allow her to list her home for sale but I’m going to bank all the proceeds of sale into a joint account for both parties. And I argued to the judge but why would you bank all the proceeds at most, the husband would be entitled to half. And the judge shot back and he goes I don’t know what other reimbursement claims there are, I don’t know what they owe for taxes, I don’t know what the liability or allocation is going to be for attorneys’ fees. He goes I’m banking all the proceeds and the husband can participate in the listing and sale and they can decide mutually the listing broker, the terms of sale, etcetera, etcetera.
So I cam back to my client and she was furious. And I said well – and I had forewarned her that there would be possibly the order to bank the proceeds and she said, “Well, we can’t get along as it is how am I going to mutually agree with him about any of this?” And I said to her, “Well, you asked for the right to sell the home before trial, you’ve got it, and these are the orders that are part of that order allowing you to sell the home.” So that’s an example of where you go to court and you ask the court to intervene and the court says okay, here’s my order.
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Los Angeles, CA family law attorney Joanne Ratinoff talks about the most important thing one should know in regards to the divorce process. She explains that understanding the divorce process is crucial, and here’s a key point to keep in mind: In divorce cases, there is no jury; decisions are made by the judge who presides over the court as the authority on both law and equity. The judge carefully considers the testimonies of witnesses, evaluates their credibility, and weighs the opinions of experts. It’s important to recognize that when you present your case before a judge, you may not receive everything you desire, and there is a possibility of receiving an order that may not align with your preferences.
For instance, let me share an example from a past client. She sought to sell her home, which was her separate property, and we provided supporting documents to establish her claim. However, the court ordered that the proceeds from the sale be placed into a joint account for both parties. I argued that the husband should only be entitled to half of the proceeds, but the judge reasoned that other factors, such as reimbursement claims, tax liabilities, and attorneys’ fees, needed consideration. Thus, the judge decided to bank all the proceeds while allowing both parties to participate in the sale process, including selecting the listing broker and agreeing on the terms.
Naturally, my client was frustrated by this outcome. I reminded her that she had requested permission to sell the home before trial, and these orders were a result of that request. Although she expressed concerns about mutual agreement with her spouse, I explained that these were the conditions attached to the court’s permission.
This example highlights the reality of seeking court intervention in divorce cases. While you may petition the court for specific outcomes, the ultimate decision rests with the judge, taking into account various factors and exercising discretion.
Therefore, it’s important to approach the divorce process with a realistic understanding that the court’s decision may not align exactly with your expectations, and orders issued by the judge should be followed accordingly.
