Taking a divorce case to court can be exhausting, confusing and stressful. Delays due to courts being overloaded with cases and unpredictable schedule changes can lead couples to feel frustrated and stuck, unable to move forward with their lives despite having already made the choice to leave their marriage behind. Strict procedures, deadlines and paperwork can be bewildering to couples unfamiliar with the legal system. Also, the judge assigned to your case may not have sufficient time to become deeply familiar with the particulars of your situation..
A California private judge, also known as a neutral, can eliminate some of the factors that compound the negative aspects of divorce.
Let’s look at a few of the reasons why private judging is on the rise in California and elsewhere.
Divorce with a private judge in California? Priceless. Here’s why.
1. A private judge for divorce gets you in ‘court’ faster.
Across the country, the pandemic created a significant backlog of court cases, and many of these delays persist today. Amy Laughlin, Founder and Partner of Laughlin Legal Divorce & Family Law Group in San Mateo, explains. “The California court system remains significantly backlogged particularly when it comes to family law cases, but in addition, there has been a reduction in the court workforce due to cuts in state funding. There are some Courts where you can’t get a hearing for months unless it’s an emergency. We have a case right now where one parent has refused to let the other parent see their child on a consistent basis for a whole year, and we don’t have a hearing until October. The child has lost a whole year of her young life with one of her parents, but the court does not consider that an emergency. Opting to divorce with a private judge in California means you won’t have to wait. You can get in within weeks, sometimes days, and they have more time to invest in your case and understand the facts.”
2. You choose your judge.
As a group, judges are like any profession. Most of them are good at what they do, they simply have too many cases and not enough time. By hiring a private divorce judge in California, it ensures that each spouse feels the proceedings will be handled fairly and with care. It also means the couple can seek a judge with expertise in family law and specific matters related to their case.
There are multiple organizations in California, like Signature Resolution, that will provide you with a number of highly qualified professionals, most of them retired judges from the bench, to choose from. Note that both parties must first agree to divorce using private judging and then agree to choose the same private judge.
3. Far greater privacy!
Unless you and your spouse both agree to work with a private judge, all the details of your divorce or custody dispute including financial records may become public information. Amy Laughlin once again, “This is often the number one reason many of our clients choose private judges: because privacy in California divorce cases is highly valued. A lot of the pleadings and information that would normally appear on the court’s public website is not filed there. Instead, your private life stays private – it’s lodged with a private judge and never sees the light of day outside of that very confidential situation.”
4. Greater control over who attends your hearings.
A traditional divorce court case is open to the public, and the separating couple’s relationship history, parenting styles and personal finances are presented for all to hear. Using a private judge means the proceedings do not take place in a traditional court room.
5. Greater efficiency.
In many states, the court system today is understaffed. A recent Thomson Reuters report indicated that, “Shortages of skilled labor are widespread, with nearly half of survey respondents considering it having a transformational or high impact on their court’s operations. … Court employees are typically working long hours yet struggling to manage their workloads.” For couples seeking a faster resolution, hiring a private judge offers an alternative, allowing them to avoid the pitfalls of public court, the delays and drawn-out processes that can make cases drag on for months. Who wouldn’t want to conclude their divorce sooner?
6. Often less money.
Amy Laughlin once more, “Though private judges are paid a fee directly by the couple and public judges are paid by the state, you can still end up spending less money with a private judge because you get decisions right away. You have a more expeditious access to justice because you’re spared the delays.” In other words, though the cost of a private judge for divorce is more expensive on the front end, the separating parties may find significant savings due to the quicker nature of a private case, which expedites the divorce process and ultimately leads to lower legal fees.
7. Greater flexibility.
Hiring a private judge for a California divorce is particularly convenient for high net worth and ultra high net worth couples whose work takes them out of town on a regular basis. Rather than being subject to the court’s restrictive calendar, a couple conducting a private divorce can work with their judge to create a schedule that works for everyone involved.
The many benefits of a private judge in divorce in California.
In summary, private judging for family law cases in California offers a faster, more private, more convenient, and often less expensive divorce process.
If you or someone you love is considering divorcing in California with a private judge and private divorce proceedings, or exploring other options for your divorce, the attorneys at Laughlin Legal are here to help. To learn more about how we can best represent you and your values, call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal divorce attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
Laughlin Legal Family Law Group
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