Divorce Advice From the Judge
Inside information from a judge that presided over divorce proceedings for two decades.
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If you're facing a divorce, sooner or later you'll meet the judge in court. How much interaction you have with him or her depends on how well you can work out the details of your break up.
If you and your spouse are able to come to an agreement on child custody, property division, family support, and all the other details, the judge need only approve your final agreement. If you cannot, then the judge will be making those decisions for you.
In this section, you'll find information and insights on divorce from a judge who presided over thousands of divorce cases for twenty years.
The articles below were adapted from the book, A Judge's Guide To Divorce: Uncommon Advice From the Bench, by Roderic Duncan, published by Nolo. Mr. Duncan served as a Judge presiding over divorce cases in California for twenty years.
Since retiring from the bench in 1995, he has been doing private judging and mediation.
Get the inside scoop on divorce from the judge who’s seen it all! Buy the book from Nolo »
Find out why this judge advises you to stay out of divorce court whenever possible.
You are much better off handling your divorce through mediation or collaborative divorce if at all possible. It'll save you precious time and money.
Divorce court decisions are made by applying laws and past case decisions to facts that are presented at your trial. This may result in decisions you won't like.
If you and your spouse can't settle your divorce out of court, this judge has a few tips on how to handle yourself through the motions and trial.
Most divorcing spouses will have a lawyer handle some or all of their case. Here are some tips from the judge on choosing the right type of lawyer.
Learn about the basic rules of dividing property during divorce, and how a judge can deviate from them to reach a "fair" solution.
Take it from the judge. You and your spouse are in a much better position to decide on custody and visitation issues than the court.
Find out what the judge considers when determining alimony payments, and learn about this judges "40% rule."
Nolo has published several excellent books on divorce and family law issues to help you understand the laws and processes.
Like most people who are going through a separation or divorce, you're probably wondering "What's next?" Turn to Nolo's Essential Guide to Divorce for clear answers that can help make your divorce simpler and reduce your expenses.
Divorcing? Get everything you need to split assets and debts as fairly as possible. When you're going through divorce, you have to make an overwhelming number of financial decisions. Should you sell the house? What happens to retirement benefits? How will you handle taxes?
Whether you and your spouse agree on custody questions or you're fighting it out in court, you need solid information to help you deal with the child-focused parts of your divorce. This book offers guidance and resources at every step, from choosing a custody plan to enforcing its support.
Legal information and practical advice for older Americans dealing with divorce. Divorce After 50 is the only guide around that addresses the challenges unique to your age group.