For many years, people have hesitated to take the steps necessary to begin and to complete a California divorce because of concerns regarding the costs of litigation and the time that can be consumed completing this often antagonistic process.
Fortunately, several new and alternative methods of resolving these cases have emerged in recent years, and one of those methods is known as private judging. Below you’ll find a brief overview of how this process works.
Private judging is a process whereby a judge is selected by the parties to oversee a California divorce. This private judge acts much in the same way as a trial judge would, in that she will hear and examine evidence, apply the facts of the situation to the laws that govern divorce and render a decision based on the information available.
This process is seen as advantageous for many reasons, not the least of which is that it expedites the process. Spouses will not have to wait months at a time for an opening to appear on a court docket, and they will not have to pay their divorce attorney for the time spent waiting for their cases to be called.
A private judge should be a California family law professional who has a high level of experience in dealing with divorce cases and divorce settlements, especially complex cases that require an intimate knowledge of the standards that govern and the evidence that should be admitted and applied to the ultimate decision. Private judges should be geared towards making a fair and equitable decision in an efficient manner so that the parties can complete the process and move forward with their lives.
Generally, California divorce cases decided by a private judge are binding, but that is not necessarily a requirement. The spouses can agree contractually to either have the process be binding or not, but for many reasons the better decision is to have the decision bind the parties to the result so that they can avoid the potential for winding up in litigation.
The first step that should be taken by anyone who is considering this process is to contact a collaborative divorce private judge to schedule an initial consultation. The spouses involved in this process will be the ones who decide which party to use for their case, which provides much in the way of flexibility and can allow qualities such as personality and fit to be relevant instead of simply being assigned a judge at the courthouse. Contact Zonder Family Law today to schedule an initial consultation if you’d like to find out whether or not this approach could work for your situation.