Divorce can often seem like a one-sided game of tug-of-war with some of the highest
stakes the average person will ever encounter. Homes, pensions, child
custody agreements, and more are all on the line. To make matters worse,
everyone wants what is “fair” but not necessarily what is
“right.” An ex-wife might believe being “fair”
means she takes half of her husband’s paychecks through
alimony while he thinks “fair” is just 5% of his future earnings.
Fair is such a subjective word, it is strange to find it come up in a legal
matter, something that is meant to be objective. How can a judge presiding
over a divorce case in court rule on what is fair then, if both sides
of the battle have two completely different ideas of fairness? The reality
is that they can’t, and they won’t.
The Law is the Law is the Law
In many ways, a judge is the face of the law in a divorce court. The gown
and the gavel are representative of the written word of the law, and so
must be the judge who uses them. If the law states that you get to see
your child on weekends but your ex-wife wants
full custody, you get to see your child on the weekend. She may be quick to cry foul
and see it as “unfair” but that is the law and the judge’s duty.
Unless you and your spouse work on an agreement outside of the court, fairness
is going to be synonymous for legality. Only in rare cases will a judge
step beyond their usual boundaries to more closely investigate what is
fair and equitable. For example, if it became apparent that you did not
fully understand your rights as a father and your ex-spouse was doing
her best to exploit your uninformed comprehension, a divorce court judge
might delay the proceedings until you sat down with a family law attorney.
In the end, you cannot bank on a judge’s own discretion when it comes
to divorce matters. It is not that they do not care about what is fair
so much as it is that they cannot take the time to fully investigate both
your side of the story and your ex’s. This is where the help of
a family law lawyer like Tampa Divorce Attorney Catherine W. Real excels.
With her help, your chances of persuasively arguing your viewpoints in
divorce court increase, possibly giving the judge more reason to rely
on their own discretion. She can also help you avoid the courtroom altogether by using
Call (813) 867-7936 and ask about scheduling
your initial consultation today.