Thursday, October 16, 2008

Why it is hard to settle divorce cases

Someone suggest that I settle my divorce case. He gave an abstract argument about how all litigants are better off settling than going to trial. Better than going to jail, he said.

I think that there is a fundamental misunderstanding here. Family court issues cannot be settled. Every single issue between my ex-wife and me has already been settled at least once. But apparently the settlements are not binding. The law even forbids binding settlements of child custody, visitation, and support issues. That is the way family court works.

My ex-wife is a lawyer with a lot of free time on her hands. Maybe she thinks that filing legal motions is good practice for her. Maybe this is how she deals with unresolved guilt and bitterness. Maybe she is just crazy. Regardless, she has peppered the court with complaints about me for five years, and no end is in sight. As long as the family court permits her to renege on settlements, there is no possibility of settling.

1 comment:

Anonymous said...

It is honestly getting to the point where I feel sorry for your ex and her new Husband. Seriously. Think of how miserable they must be? Her guilt of cheating on you and tearing apart the family fuels her insanity. Her hubby thought he was getting a prize when he was hooking up with her behind your back. Now, she spends all her emotions on destroying you and he is nothing more than a tenant in their domain. Don't be surprised if they split up soon. She's not being a wife, she's not being a mother. She will come home from filling a motion one day and the girls will be in their late teens. Her first thought will be, who are these people? Does she even have any clients? I mean 100k on a law degree just so she can make a person as miserable as herself. I just hope she can find peace one day. If she believes she will find it after this is all over, I would beg to differ.