If you watch TV or movies about divorce, you may believe that judges base their decisions on who they like more. However, the process is based more on the law than emotional appeal. No one quite knows exactly why a judge may make one decision compared to the other. Each judge is different, and each situation may merit a different strategy to settle a conflict. However, there are a few things that a judge has to look at to come to a decision in a family law case.
One of the main things the judge looks at is the law surrounding the issues of the case. For example, if there is an issue regarding how to split certain assets, the judge will look to community property provisions in the law. Using past precedent, each side will argue that their assets should be classified as either separate property or community property to be divided equally between the parties. The judge will use their interpretation of the law to make a decision on how to divide assets based on the law.
Best Interest of the Child
If you have children with the other party, the court will decide custody and visitation during your divorce case. These decisions will be made based on what is in the best interest of the child. One party may not always agree with the court’s evaluation, but they can file later down the line if circumstances have substantially changed. Child support is ordered based on the income of the non-custodial parent and number of children. If you have questions about how child support will be calculated in your case, speak to your divorce attorney.
Also published on Medium.