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Alan Ravitz, MD

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Don't Go to Divorce Court Without Reading This

Posted: 03/01/11 03:17 AM ET

Divorce is almost never easy, especially when there are children involved, and it's often seriously rancorous. After seeing your kids every day, you suddenly face the prospect of becoming peripheral to their lives; this can be incredibly painful. The temptation is to fight for every shred of time, every bit of contact, even if it means taking your custody dispute to trial. But my advice is to resist this temptation if at all possible, because going to court is likely to create more damage than you anticipate--to you, to your children, to your relationships, even to your faith in humanity.

Some lessons from divorce court that can help parents and kids alike:

Lesson 1: Don't Go to Court Looking for Justice
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Parents understandably harbor the hope that in a trial, wrongs will be righted. Unfortunately, a trial is more a battlefield than a forum for honest reckoning. No matter how confident you are, or what your attorney tells you, a trial is never a sure thing. At trial, your words, your story, and your issues become part of a nebulous, often shifting narrative determined by the rules of evidence, the skill of your attorney, and the predisposition of the judge. In a trial it's not the whole truth that comes out, but simply one version of the truth - a version you may not necessarily like. The best way to maintain control over the outcome of your dispute is to settle it outside of court.
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Alan Ravitz, MD, is a pediatric psychopharmacologist and senior director of forensic psychiatry at the Child Mind Institute. For Dr. Ravitz's take on everything from effective parenting to how divorce is portrayed in film, visit childmind.org.

 
Divorce is almost never easy, especially when there are children involved, and it's often seriously rancorous. After seeing your kids every day, you suddenly face the prospect of becoming peripheral t...
Divorce is almost never easy, especially when there are children involved, and it's often seriously rancorous. After seeing your kids every day, you suddenly face the prospect of becoming peripheral t...
 
 
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07:48 AM on 03/09/2011
You are right on! The real truth has no way to get out!
I have documents to prove what I can financially, but my husband has not been forthcoming with his discovery even after 3 years. I was told by my attorney it's not good...for me.....the judge has nothing to base her support order on. I have to pay for a witness to go over the documents (at the trial) of the forensic accountant who was hired by the court . Documents are not accepted in a trial, witnesses are! That makes no sense! He is a specialist. I have no money to pay him to come to court and testify at the peak of tax season! The trial is 6 1/2 hours. What good was paying for him to investigate our finances if they are not admissable in court?
12:50 AM on 03/03/2011
Frankly, you have scared me to death. My divorce trial is next week. It's been going on for 3 years now.
My husband is a calm, cool, rational sounding guy....I suffer from PTSD due to our 30 years domestic abuse/violence marriage....so I am emotional, can't concentrate, I'm disorganized, my mind goes blank, I have panic attacks , I cry 20 times a day etc.
How can a person like me prepare for this?
Are judge's understanding towards people like me or do we just try their nerves and get them angry? Can you give me some tips? The trial is to be over 6 hours long. I don't want to make the judge angry or make a fool of myself.
Thanks
01:04 PM on 03/02/2011
Thank you Dr. Ravitz for a very thoughtful article, it certainly resonates with me.
All parents want the best for their children. Mediation can be a viable option one that allows parents
to make their own decisions while diffusing the conflict. Litigation no doubt increases stress, conflict, distrust and reduces parental cooperation- which are all--necessary to raising healthy well adjusted adults.
Mary Damiankis
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jf12
When I saw her I marveled greatly.
12:47 PM on 03/02/2011
I don't understand at all. A divorce can only be granted by adjudication, and theoretically every judge's decision is based on "going to court". I think he is suggesting just send your lawyers, and you stay out of it, but that is the most lawyer-coddling advice ever. If anything, don't use lawyers - their only purpose is to gum up the works to make more moeny.
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Happyexpat
Reality doesn't care what you believe.
05:25 AM on 03/02/2011
Of all the articles I have read in the Divorce section, this is hands down the best. This doctor is one who has witnessed more than his fair share of excrutiating litigation and the heavy price it bears. If I were getting a divorce--which I once attempted and then decided against--I would copy and paste this advice to every wall in my home.

I am not saying that divorce should never be an option; obviously there are times when it is the only sane choice. But unless your spouse's behavior is on the dark side of criminal and this can be proven easily and without doubt, court is one place you don't want to go.

The biggest tragedy lies in the choices we are conditioned to make in life--most of them unconscious. The true job of a parent is to give a child a sense of self and respect for him or herself. If a person has those two things to guide him, chances are his choices will be informed and healthy. If not, he or she will always be seeking to gain what is missing--a task more impossible to complete than the twelve assigned to Hercules.